Thanks SCLS!

Earlier this month I was invited to attend the South Carolina Legal Services (SCLS) Annual Conference in Myrtle Beach.  And it’s hard for me to express the feelings I had. Everyone was welcoming to me and I had a great time. Even better, I came away with a better understanding of what SCLS does and the dedication their staff has to their job. In fact, I dare say that many SCLS attorneys and support staff believe that their work is a calling. I was glad to be a part of SCLS for 3 days!

And I’m thankful for the work they do including:

1. To keep people in their homes;
2. To make sure people are able to access benefits;
3. To help people out of unsafe living conditions; and
4. To let people know that they are not alone in the civil legal system.

Below are some photos from the Conference: (I wish I had more to share, but most shots were under- or over-exposed)

Opening Dinner 11/10/09

George Cauthen, SCATJ Commissioner and SCLS Board Member

Getting to Know Staff Begins

Singing

Singing with guitar accompaniment

Poetry

Flute Solo

The Fashion Show Begins

Models

More Fashion

Like New York Fashion Week

Fierce

Making it work (a la Tim Gunn)

Let the Votes Begin

More Fashion Votes

Door Prize

Agenda

Consumer Law

More Consumer Law Issues

Attentive Students

Continuing Legal Education

The Knowledgeable Panel

Truth in Lending Act

Willard N. Timm, Jr., Assistant Director, Tax Clinic, Georgia State University

Jada Charley introduces Steve Cook to speak re: Assistive Technology

Again, many thanks SCLS!

-RFW

Filed under: 1, Law, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, domestic violence, foreclosure, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, public interest attorney , Assistive Technology, Consumer Law Issues, Flute Solo, George Cauthen, Georgia State University, Jada Charley, Kingston Plantation, Myrtle Beach, New York Fashion Week, Poetry, SCATJ Commissioner, SCLS, SCLS Annual Conference 2009, SCLS Board member, Singing, Singing with accompaniment, Steve Cook, Tax Clinic, Tim Gunn, Truth in Lending Act, Willard N. Timm

Housing/Foreclosure: Greenville

If you live in Greenville County South Carolina and are facing foreclosure or housing discrimination, were you aware that the Human Relations Commission of Greenville County has devoted a webpage to local resources to assist you?

Take a look at this handy resource. They offer a toll-free Hotline at 1-866-495-3918, Homebuyer Education classes, information about foreclosures and more.

Thanks to Leanda King for pointing me toward this resource!

-RFW

Filed under: 1, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, blog, foreclosure, housing, poverty , Greenville, Greenville County South Carolina, Homebuyer Education Classes, Housing/Foreclosure: Greenville, Human Relations Commission of Greenville County

Guess

What do Harvest Hope and SC foreclosures have in common?

If you guessed that South Carolina has seen a marked increase in foreclosures and requests for food have markedly increased, you win!

According to the Columbia Regional Business Report (CRBR):

South Carolina’s foreclosure rate from July to August 2009 was up 1.94%, reported national real estate tracking company RealtyTrac.com. That number is more than 78% higher than it was one year ago.

According to Harvest Hope:

In the first quarter of 2009, Harvest Hope experienced a 142%  increase in the number of families needing assistance.

Earlier today I attended a fundraiser luncheon for Harvest Hope. It made me focus on how the problems faced by so many living in poverty are faces of our neighbors, our friends, our loved ones.

The “featured” speaker at the luncheon was someone who had been working – two jobs. Two good, solid jobs. Then she got ill. Which started the medical bills and absence from work. Which caused her to lose her jobs. Both jobs. The bills kept coming. When it came to paying bills, she used her money for medical bills and medication. Then she lost her home. She stopped eating so much. That made her sicker. Then she found Harvest Hope.

She was able to eat.

The doctors are still trying to figure out what is “wrong” with her. In the meantime, she can eat. Without Harvest Hope and the necessary nutrition it provides, she would be even more sick.

While these societal problems may not be legal, I guarantee that the Legal Aid Telephone Intake Service (LATIS) has been referring people to Harvest Hope.

And once people have nutrition and can think about something other than an empty belly, then they may call LATIS for assistance with a problem with their Landlord. Or maybe for help with their Medicaid benefits. Or help with a way to escape their abusive spouse.

-RFW

Filed under: 1, AIDS/HIV, Ask-A-Lawyer, Health Care, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, disability, divorce, domestic violence, elderly, employment, foreclosure, homeless, housing, hunger, indigent, people with disabilities, poverty, poverty guidelines, public interest attorney, subprime mortgage crisis , abusive spouse, Columbia Business Regional Report, foreclosure, Harvest Hope, hungry, Landlord, Landlord/Tenant, LATIS, Legal Aid Telephone Intake Service, Medicaid benefits, poverty, RealtyTrac.com, South Carolina, Tenant

8.24.09 Ask-A-Lawyer: Nosy’s Report

8/24/09 Ask-A-Lawyer Call Center at WLTX

On Monday Night, WLTX became ground zero for ASK-A-LAWYER. We arrived in time to start and learned that the calls had started as early as 4:30 p.m. Once we were shown our call-center, we started answering phones “Ask-A-Lawyer, how may I help you?” while our web counter-parts began their online-duty.

Jeff Goodwyn answers questions at WLTX Ask-A-Lawyer

The 6 on-camera attorneys were Cynthia A. Coker, T. Jeff Goodwyn, Edna Primus, Jennifer W. Rubin, Tana Vanderbilt and Robin F. Wheeler.

Cindy Coker, SC Bar Public Services Director

The phones were ringing non-stop. WLTX graciously provided us with water and chocolate; both of which were appreciated. Darci Strickland and Andrea Mock interviewed us during the session and helped us maintain our energy with their enthusiasm. And at the end of the evening, JR Berry dropped by to thank us for our hard work.

Edna Primus and Tana Vanderbilt field questions

Caller Origin:

• 18 of my 30 calls originated from Richland County;
• 1 from Fairfield;
• 1 from Florence;
• 1 from Greenwood;
• 2 from Kershaw;
• 3 from Lexington;
• 3 from Orangeburg; and
• 1 from Sumter.

Mind you, I had 30 calls total in a 2 1/2 hour span and I even took a moment off the phones for an interview.

Caller Issues:

• 6 questions about Divorce/Alimony
• 5 Child Support/Child Custody and Visitation/Adoption
• 4 Consumer Law including Bankruptcy
• 3 Wills and Estates
• 2 Employment
• 2 Medical Malpractice/Health Care
• 1 Social Security
• 1 Landlord/Tenant
• 1 Homeowners Associations
• 1 Immigration
• 1 Traffic Laws
• 1 question about Taxes; and
• 2 non-legal questions.

Ask-A-Lawyer also included the “web-chat” piece. Three attorneys (Peter M. Balthazor, K. Cameron Currie, and Jennifer L. Locklier) fielded web questions during the same time.

All in all, it was a busy time, but I enjoyed every caller and hope that they felt that they had received a worthy service from us. I will DEFINITELY do this again.

Thanks to SC Bar staff Deborah Morris who coordinates the event, Joey Heape who insures that the web equipment functioned properly, and Elizabeth Martin who popped in for a few photos.

And special thanks to our host station, WLTX. You helped us make this a success!

-NOSY WHEELER

LATE PS – I wish I had asked the name of the camera operator at our station because he was an absolute delight. When he saw us running out of water, he brought the new bottle to us. Thank you Camera Operator!

Filed under: 1, Ask-A-Lawyer, Court, HHS, Health Care, Immigration, Law, Legal, Right to Counsel, Rule of Law, SC Bar, SSDI, SSI, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, divorce, domestic violence, employment, foreclosure, housing, indigent, labor, pro bono, public interest attorney, self-represented litigant, state employment security commission, subprime mortgage crisis, veterans , WLTX, SC Bar Ask-A-Lawyer

Friday Resource: Nolo®

 

Friday Resource

Do you know Nolo®?

Here’s your chance to learn about a great online resource, Nolo®. As often happens, I have to give props to techno.la for reminding me of this invaluable resource via one of their recent posts.

In addition to the Free Foreclosure Survival Guide, Nolo® offers a wealth of free information in the form of their Nolopedia, podcasts and blogs. Please note that not all their information is free, but it’s well worth your time to explore their site.

-RFW

 

Filed under: 1, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Plain English, Plain Language, Readability, access to justice, access to justice blog, blog, foreclosure, housing, indigent, law librarians, self-represented litigant, technola , blogs, FREE, Free Foreclosure Survival Guide, Friday Resource, Nolo®, Nolopedia, Podcasts, techno.la

5 States Receive ProBono.Net Award

What do Georgia, Idaho, Kentucky, Minnesota, and New York have in common?

Sounds like the start of a joke, but it’s not. If it were, they would be laughing all the way to the bank.

Instead ProBono.Net has awarded these five states’ legal services organizations developing innovative online document assembly projects through its NPADO Demonstration Project.  The projects address legal issues including foreclosure, criminal expungement and the needs of the Spanish-speaking community.

To read more, click here.

Congratulations!

-RFW

Filed under: 1, Immigration, LEP, Law, Legal, Legal Documents, Limited English Proficiency, Plain English, Plain Language, access to justice, access to justice blog, advocacy, attorney, court innovation, foreclosure, housing, indigent, legal aid, poverty, pro bono, public interest attorney, subprime mortgage crisis , Atlanta Legal Aid Society, Central Minnesota Legal Services, Criminal Expungement, foreclosure, Georgia, Idaho, Idaho Legal Aid Services, innovative online document assembly, Kentucky, LawHelp/NY, legal aid, Legal Aid Society of Louisville, legal issues, legal services, Minnesota, New York, NPADO Demonstration Project, probono.net, Spanish-speaking community

Follow-up: Protecting Tenants at Foreclosure

At the beginning of the month, guest blogger Lil Ann Gray, an attorney with the South Carolina Department of Consumer Affairs, wrote a post on the Protecting Tenants at Foreclosure Act. It has been an extremely popular and timely post for the SC Access to Justice Weblog.

Well, today I saw that  HUD had submitted guidance on June 18, 2009. Here is the link to their guidance.

Additionally, the South Carolina Department of Consumer Affairs has been very proactive with their own guidance here. And, please take a few moments to check out their blog at http://consumer.thestateonline.com/. It has helpful tips for South Carolina consumers!

Thanks Lil Ann, the SC DCA, and HUD.

-RFW

And thanks to @eppink and @accesstojustice for pointing us toward this.

Filed under: 1, Law, Legal, NHLP, National Housing Law Project, South Carolina, access to justice, access to justice blog, advocacy, attorney, blog, foreclosure, homeless, housing, subprime mortgage crisis , Consumer Blog, Housing and Urban Development, HUD, Lil Ann Gray, Protecting Tenants at Foreclosure Act, SC Access to Justice Weblog, SC DCA, SC Dept. of Consumer Affairs, South Carolina, South Carolina Department of Consumer Affairs, U.S. Housing and Urban Development

Guest Blogger: Lillia Ann Gray – Effective May 20, 2009

As you may or may not know, on May 20, federal provisions immediately went into effect that protect tenants living in foreclosed buildings. (The Protecting Tenants in Foreclosure Act is Title VII of Public Law 111-22).

These provisions are “self-executing,” which means that no federal agency (such as HUD) is responsible for implementing them.

This Public Law applies to all federally-related mortgage loan or on any dwelling or residential real property so this will apply to all State foreclosure cases.

The National Housing Law Project (NHLP) has prepared materials that will help key players understand the provisions and help tenants exercise their new rights under this law. NHLP’s materials include sample letters that tenants can use to inform their landlords, as well as sample letters advocates can use to inform the courts and public housing authorities. The NHLP materials are available on the National Low Income Housing Coalition (NLIHC) homepage at http://www.nlihc.org/template/page.cfm?id=227

All tenants must get a 90 day notice prior to eviction due to foreclosure – at a minimum.

In addition (with some exceptions) tenants that have leases can continue to live in their homes until the end of the term of their lease, The rights of Section 8 tenants are also protected because the new owner at foreclosure must accept both the tenant’s lease and the housing assistance payment (HAP) contract.

For details of the new tenant protection provisions, in addition to the NHLP materials (http://www.nlihc.org/template/page.cfm?id=227) see an NLIHC memo on the homepage, http://www.nlihc.org/doc/Memo-Renter-Protections-S-896.pdf, and a May 22 Memo to Members article, http://www.nlihc.org/detail/article.cfm?article_id=6143.

 - Lillia Ann Gray

Ms. Gray is a Staff Attorney at the SC Department of Consumer Affairs.

PS For more News, see this article in the Charleston Post and Courier.

Filed under: 1, Court, Law, Legal, NHLP, National Housing Law Project, South Carolina Supreme Court, access to justice, access to justice blog, attorney, foreclosure, housing, indigent , eviction, HAP, Housing Assistance Payment Contract, HUD, Lillia Ann Gray, National Housing Law Project, National Low Income Housing Coalition, NHLP, NLIHC, Protecting Tenants in Foreclosure Act, Public Law, SC Department of Consumer Affairs, Staff Attorney, Title VII of Public Law 111-22

Lawyers Stepping Up to Help Families Keep Their Homes

You may have noticed that a couple of recent posts below reference the home foreclosure crisis.  With the growing number of foreclosures in South Carolina and across the United States it is no wonder the housing market is such a hot topic. 

One of the links referenced below is a story from NPR: Lawyers Make Pro Bono Leap into Foreclosures.  It is the story of a man named Mirkab.  Mirkab is a hard working man who ended up with two homes because just as his family purchased a new home and attempted to sell their old home, the market began to crash and they were unable to sell their second home.  Like many other hardworking Americans, Mirkab is trying as hard as he can to keep his finances in good standing, but battling with the mortgage lenders on his own was getting him nowhere.  The story highlights the generosity of lawyers who have responded to the mortgage crisis by doing pro bono work for clients like Mirkab.  With so many families in the same position as Mirkab’s family, we need even more lawyers to step up and take these cases.

According to the National League of Cities 1 in every 374 housing units were part of a foreclosure filing in April 2009.  Due to this insurmountable number, pro bono lawyers willing to tackle the mortgage crisis are desperately needed.  For attorneys who do not specialize in this area of law the learning curve is steep, so a number of organizations across the country are finding ways to make it easier for attorneys to step up and take on these cases.   At probono.net there are resources for attorneys interested in these pro bono cases including templates for legal documents and links to state specific resources.  The Pro Bono Institute reports that legal service programs are typically the only access to the legal system that the poor and those of modest means have.  Foreclosure cases are swamping their work load and pro bono help is needed to share the responsibility.

The Center for Responsible Lending created the Institute for Foreclosure Legal Assistance that awards grants to non-profits and legal aid offices that with adequate resources can help those suffering from the housing crisis.  The grants range from 250,000 to 300,000 and are dispersed over a 3 year period.

The housing crisis hits close to home for many South Carolinians.  The Post and Courier in Charleston, SC ran an article in February telling how Family Services, Inc. was awarded $1.7 million from the National Foreclosure Mitigation Council.  Recipients of the monies included Appleseed, South Carolina Legal Services and Charleston Pro Bono Services.  These programs and this type of funding certainly help to put a dent in the aid needed, but there is much more required if individuals are going to get the legal help they need.

As Robin posted below, the South Carolina Supreme Court lifted the TRO on foreclosures as of Friday.  The Order lifting the TRO  lays out specific steps that must be followed and items that must be included within the court documents to determine whether an individual mortgage qualifies for President Obama’s Home Affordable Modification Program.  The need for attorneys who are knowledgeable about the recent legislation and court orders dealing with the mortgage crisis as well as South Carolina Foreclosure law to take on these pro bono cases is great.  Thank you for all of those working so hard to work within the legal system to find solutions for those struggling with a home foreclosure.

-Allie

Filed under: 1, Charleston Pro Bono Legal Services, Court, Law, Legal, Legal Documents, President, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Pro Bono Program, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, foreclosure, indigent, legal aid, pro bono, public interest attorney, subprime mortgage crisis , Center for Responsible Lending, Charleston Post & Courier, Charleston Pro Bono Services, Family Services Inc., foreclosure, foreclosures, grants, Home Affordable Modification Program, housing market, Institute for Foreclosure Legal Assistance, Lawyers, lenders, mortgage, National League of Cities, NPR, pro bono, Pro Bono Institute, probono.net, SCLS, South Carolina, South Carolina Legal Services, Temporary Restraining Order, TRO

BREAKING NEWS: SC Supreme Court lifts TRO

BREAKING NEWS: South Carolina’s Temporary Restraining Order has been lifted

Earlier this month I added a post that the South Carolina Supreme Court had issued a Temporary Restraining Order (TRO) suspending foreclosures on government mortgages.

As of earlier today, the Court issued a new Order lifting the TRO.

-RFW

Filed under: 1, Court, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, court innovation, foreclosure, poverty, subprime mortgage crisis , Government Mortgages, mortgage foreclosures, South Carolina, South Carolina Supreme Court, Temporary Restraining Order, www.sccourts.org