Pro bono success story: Gilbert Feltel's foreclosure defense


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  • | 12:00 p.m. July 18, 2011
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by Kathy Para

JBA Pro Bono Committee Chair

For Gilbert Feltel, pro bono work has proven to be a rewarding and invaluable experience.

“There are few things more fulfilling than using your time, training and talent to help someone in need,” said Feltel.

Feltel was recently successful in a case that made a big difference in the lives of one extraordinary local family on the brink of foreclosure.

At the time Feltel began working with this case, the clients’ foreclosure sale was looming — less than 30 days away.

His clients were the parents of eight foster children, despite already having adult children. They were hard-working people with stable employment.

However, “the economy and unexpected financial difficulties had caused them to fall behind on the mortgage of a home they owned for 15 years,” said Feltel.

This house was the only stable location that the family’s eight foster children had known. Further, there was still some equity to protect in the home.

The clients’ worries were only precipitated by the repeated resale of their mortgage, inability to communicate with their lender and the substantial payments they were making to another company that was to negotiate payment modifications on their behalf, but ultimately did nothing.

Working diligently and seeking advice from attorney friends with more experience in personal bankruptcy, Feltel was able to file a Chapter 13 bankruptcy petition on behalf of his clients, which stayed the impending foreclosure.

Next, Feltel identified several defects in the lenders’ foreclosure papers, which raised a substantial question as to whether the foreclosing plaintiff owned or held the mortgage.

Based on these findings, the trial court granted Feltel’s motion and the foreclosure judgment was vacated.

Through this process, Feltel’s clients were finally able to open a dialogue with their lender. The end result was a modified mortgage that significantly improved his clients’ strained financial position.

Most importantly, the couple and their eight children were able to remain in the house that their family had made a home.

“Housing for a family of 10 people is challenging,” said Feltel. “A stable environment for the adopted children was important for them to continue to thrive. The family had a home that worked for them for which they had made payments and built equity in for more than 15 years.”

Feltel described pro bono cases, much like this one, as a way to “help others in a very tangible way and make a difference for them.”

Feltel is a partner at Tanner Bishop, primarily handling commercial disputes. He has practiced law in Jacksonville for 17 years since graduating law school at the University of Florida and is married with three children.

In addition to his pro bono work, he also is an advisory board member for The Salvation Army and an active member of the 200 Club of Jacksonville, an organization that recognizes excellence and provides support for local law enforcement and rescue personnel and their families in times of need.

Attorneys interested in pro bono involvement in the Fourth Judicial Circuit are encouraged to contact Kathy Para, chair of The Jacksonville Bar Association Pro Bono Committee, [email protected], 356-8371, ext. 363.

 

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