by Kathy Para
JBA Pro Bono Committee Chair
We’ve all seen the numbers. The shocking reality is that the foreclosure filings continue and actually hit a record high in Jacksonville in May.
According to an Associated Press report on June 10, foreclosure notices in Jacksonville in May rose 57 percent compared to April, and 42 percent when compared to May 2009. The number of foreclosure filings in May in Jacksonville was 3,789.
With each filing, the homeowner receives a notice that he or she should consider legal assistance and if the homeowner can’t afford an attorney, he should seek help at Jacksonville Area Legal Aid (JALA). Dozens of homeowners take that suggestion and contact JALA for assistance each month.
The consumer unit at JALA reviews each application and applicant for financial eligibility and conducts a legal analysis to determine the merits of each case. Many of these consumers’ requests are accepted for in-house or pro bono representation. Those who cannot be assisted by JALA are referred to the Lawyer Referral Service. JALA attorneys attempt to provide these individuals with brief information and advice regarding their case.
“The cases we accept for placement with staff or pro bono attorneys are on behalf of consumers who have strong defenses, have a strong basis and prospect for a feasible loan modification or for whom we can otherwise make a difference in their case,” said Lynn Drysdale, senior attorney for JALA’s Predatory Lending Unit.
“With eight staff attorneys handling foreclosure defense and mediation, we have a very strong team. However, the demand far exceeds our numbers. Therefore, we are fortunate to have 50-plus foreclosure defense pro bono attorneys who have stepped forward and who are representing clients. The need is just so immense we could use 50 more dedicated pro bono attorneys,” said Drysdale.
“We look forward to working with attorneys who are able to represent consumers in defending foreclosure cases. We recognize that there are some attorneys who would like to volunteer their time, but may have conflicts when asked to consider representing the homeowner. If attorneys are not in a position to make a pro bono commitment to foreclosure defense, we can surely use their help in other substantive areas,” she said.
April Charney, JALA staff attorney and nationally recognized foreclosure defense trainer, agrees with Drysdale on the need for more volunteers.
“Yes, we definitely need more pro bono foreclosure defense attorneys. We have excellent, competent and compassionate volunteers, we just need more,” said Charney. “We don’t force cases on anyone and we provide educational and collaborative support for our volunteers.
“And don’t forget that pro bono attorneys are covered by JALA’s professional liability insurance when representing a JALA client,” she added.
A very valuable support for foreclosure defense attorneys is “The Foreclosure Prevention and Defense Listserv” network. This listserv began as a continuing education and mentoring outreach project offered to all lawyers who attended a full-day foreclosure defense training and committed to provide 20 hours of pro bono legal services yearly.
The listserv has developed into a collaboration of more than 1,000 Florida lawyers. JALA is now asking all lawyers on the listserv to declare that they do not represent interests adverse to consumers in their work. In addition to the listserv, attorneys have opportunities to participate in a very comprehensive one-day training seminar.
“We feel very strongly about the importance of this work. So strongly that we offer the training free to any private attorney who is willing to make the pro bono commitment,” said Charney.
“It’s our goal to help families keep their homes. It’s that simple. When a family is able to keep their home and maintain their investment, children are more likely to thrive in school and neighborhoods stabilize. It’s good for all of us. It really impacts all facets of our community,” she said.
“We’re continuing to train attorneys in this vital and evolving field of law,” says Atheia Inman, JALA’s foreclosure defense training coordinator. The next training will be held July 30 in Miami. To RSVP for this training or for a list of upcoming training, contact Atheia Inman at [email protected] or 356-8371, ext. 377.
Attorneys interested in reviewing JALA foreclosure defense cases for possible representation should contact Kathy Para, JALA attorney and Pro Bono Development Coordinator, [email protected] or 356-8371, ext. 363.