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Just Thoughts is the blog of the Empire Justice Center, New York’s statewide, multi-issue, multi-strategy public interest law firm focused on changing the “systems” within which poor and low income families live. Here staff and guest authors will share stories, announcements and perspectives on timely issues related to our work.    



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Empire Justice Center Plays an active role in training advocates across New York on foreclosure prevention


On May 30, 2013, the U.S. Department of the Treasury and the U.S. Department of Housing and Urban Development announced an extension of the Home Affordable Modification Program (HAMP), which was set to expire on December 31, 2013.The program has now been extended through December 31, 2015. In doing so, the hope is that the millions of homeowners who are still struggling and hoping to avoid foreclosure will be able to take advantage of the benefits afforded by HAMP.

 

In March 2009, the Treasury Department and Obama Administration announced the launch of its Making Home Affordable (MHA) Program.  HAMP, part of the MHA Program, was, designed to enable homeowners to modify their mortgages in order to prevent foreclosure.  HAMP also created standards for the mortgage servicing industry, which before that time varied widely amongst mortgage servicers.  Homeowners whose loans are owned or guaranteed by Fannie Mae or Freddie Mac are eligible.  Additionally, many servicers of loans not owned by Fannie Mae or Freddie Mac also participate in HAMP. 

 

Although MHA, and specifically HAMP, have helped many homeowners in the loan modification process, the process itself can be an intimidating and daunting one.  As part of Empire Justice Center’s mission in educating both the public and fellow advocates in matters of assisting the disenfranchised, we have taken an active role in educating both attorneys and housing counselors on the MHA Programs, including HAMP.  Empire Justice Center conducted two day trainings in foreclosure prevention for both attorneys and housing counselors in April in Syracuse and earlier this month on Long Island.  A good portion of these trainings involved navigating the HAMP process.  In addition, Empire Justice Center continues to provide two webinars a month related to relevant foreclosure issues, including several that relate directly to MHA and HAMP.  Among the Empire Justice Center attorneys presenting at these trainings and webinars are Kevin Purcell, Maria DeGennaro, and Rebecca Case Caico.

 

The MHA Program and HAMP continue to help homeowners stay out of foreclosure, and Empire Justice Center will continue to educate people across New York State on how to best utilize these programs.

 

To learn more about the programs, homeowners can visit www.MakingHomeAffordable.gov.   To learn more Empire Justice Center’s trainings and webinars, and who is eligible, attorneys and housing counselors can email amaroselli@empirejustice.org.



Tags: Frannie Mae | Freddie Mac | Foreclosure | Loan Modification | Training





Free Legal Help for Monroe County Homeowners in Foreclosure


Did you know that if homeowners are struggling with their mortgage and facing foreclosure, there are professional and FREE services available from local attorneys to help them understand the foreclosure process? 

 

The possibility of losing a home can be incredibly frightening, and at times overwhelming.  The legal foreclosure process is a game with its own set of rules and regulations.  If a homeowner doesn’t know the rules of the game, it is much less likely she will keep her home in the end.  But there is help. Empire Justice Center offers two free legal clinics every month for anyone who wants to better understand the foreclosure process.  The clinics are developed to teach homeowners the rules and to enable them to take some control over a very stressful and confusing process. 

 

Under New York State law, most homeowners in foreclosure are entitled to a “Settlement Conference.”  This will occur early in the foreclosure process (once a homeowner has been served with a Summons and Complaint), and will involve the homeowner and an attorney for the bank appearing before a judge or judge’s law clerk.  The goal of the Settlement Conference is simple: to attempt to come to some alternative to foreclosure. 

 

The Settlement Conference is a relatively new process, having been created by the New York State Assembly three years ago.  It was created at the urging of housing counselors and legal advocates around the State, including Empire Justice, who saw that homeowners were not being treated fairly by their banks when they fell behind on their mortgages.  Paperwork was getting “lost,” questions were not being answered, and homeowners were growing increasingly frustrated.  The Settlement Conference is there to protect the homeowner and ensure that someone is watching out to make sure the banks are doing what they are required to do under New York and federal law.

 

There are several alternatives to foreclosure that may be possible for homeowners: entering some form of a loan modification (which would allow the owner to keep her home and have a revised mortgage payment), agreeing to a repayment plan (which would allow the owner to keep her home by paying back all missed payments to the Bank over a short period of time), or entering a “short sale” or “deed in lieu of foreclosure” (which would NOT allow the owner to keep her home, but would limit the negative consequences to her credit). 

 

We understand that it can be incredibly frightening for homeowners to receive the letter telling them have to attend the Settlement Conference.  And that makes sense – most of us try to avoid the courthouse if we can!  In this case, however, attending a Settlement Conference represents the best chance a homeowner has to save her home.  So if a homeowner wants to save her home (or even to just limit the impact of losing her home), it is vital that every homeowner attend their Settlement Conference.  

 

To learn more about the details of the foreclosure process, and what homeowners should be doing at any given stage of that process, we encourage struggling homeowners to attend the FREE clinics put on by Empire Justice Center.  Dates and times for upcoming clinics are listed below (for additional dates, see our calendar).

 

 Place

Time

Dates

545 Hall of Justice, Room 25

99 Exchange Blvd.

Rochester, NY  14604

 

 12:30 - 1:30 pm Oct, 31, Nov, 28, Dec, 19

United Way Building

1st Floor Confrence Room

75 College Ave.

Rochester, NY  14607

 6:00 to 7:00 pm Oct, 11, Nov, 8, Dec, 13


Tags: foreclosure | mortgage | homeowner | legal clinic | settlement conference | loan modification