Pro bono attorneys Claude Moulton and Gil Wright accepted a pro bono foreclosure case. It was my privilege to speak to them in person about the case, their collaboration, the goals of the client and what they were able to accomplish.
What were the basic facts of your case?
Our client was a middle-aged woman in the process of a divorce and foreclosure. The client was living in the family home as the divorce progressed and the foreclosure action began. She had teenage children and had lost her job. The ex-husband participated in no way in the payment of the mortgage or the upkeep of the house. The client was extremely stressed and wasn’t sure in what direction to go with her life, and didn’t understand what her options or goals were for the legal representation.
What were you able to accomplish for your client?
Because of her unsteady income, a loan modification really wasn’t a possibility for the client, but she was hesitant to give up the house.
Through counseling and analysis of income, existing expenses and costs of the home, the client ultimately concluded that it wasn’t in her best interest or the stability of her family to try to hold on to the house. We were able to negotiate a final judgment in which the plaintiff agreed not to pursue the deficiency upon the sale of the house.
Why was the outcome important to your client?
Upon conclusion of the foreclosure action, our client was able to start her life again debt-free (at least as far as the mortgage). She got a new job that included benefits. The conclusion of the foreclosure action with no financial liability allowed her to begin a new chapter with her children.
Why was the experience important to you? That is, what did you gain from the experience?
We counseled her and helped her understand what she really wanted to do — not just with the house, but more importantly, with her life. We were working with her to help her understand what was best for her and her children long term. She really was much better off when we completed the relationship. The client was really able to move on — with a new job, new apartment — a fresh start.
With what firm do you work and what are your primarily areas of practice?
The firm of Moulton Bosshardt, LLC is focused on real estate matters and civil mediation.
Wright serves in an “of counsel” capacity for two local firms in the areas ofbusiness and litigation and management consulting.
What advice do you have for other attorneys considering pro bono involvement?
Stay involved. We get a great deal of satisfaction from working with people and counseling them. We also get a great deal of satisfaction from achieving a good outcome. Determining the client’s goals, options for accomplishing the goals, what legal remedies may be available, the non-legal remedies available and carefully defining success. For example, in foreclosure defense, success may not be keeping the home. The process can often provide time to regroup. If there are some legitimate legal defenses, arguing those defenses is important. Exhausting all options is part of competent, professional representation. At the end of your pro bono case, your client will benefit, you will benefit, and you’ll be a better attorney.
Sincere appreciation is extended to Moulton and Wright for their commitment to pro bono representation and their commitment to their client.
Attorneys interested in pro bono opportunities throughout the 4th Circuit are encouraged to contact Kathy Para, chair of The JBA Pro Bono Committee, [email protected].