Benchmark Institute is a training and performance development
organization dedicated to increasing the quality and quantity of
legal services to low-income communities.
ACORN Housing Help -
If you need help or a good referral, contact ACORN. Acorn Housing Home
Equity Loss Prevention (HELP) foreclosure counselors are ready to
intervene with lenders to bring loans current. They have established
relationships with 43 major lenders. Fill out an online application or
call our toll free HELP Line today at 1-888-409-3557. ACORN has also
proved helpful in helping prospective homeowners purchase home they can
afford, providing education and counseling for first time homebuyers,
and advocating for prospective homeowners faced with predatory lending
Basic Foreclosure Litigation Defense Manual (July 2008)
The Legal Advocacy Center of Central Florida and Community Legal
Services of Mid-Florida created these materials for LACCF’s training of
Volunteer Lawyers Program. Although geared to Florida practice, it
describes in a straightforward way the basic players, practical advocacy
tips, and the federal laws and regulations governing mortgage
origination and lending. It’s worth a look.
The Consumer Warning Network
The Consumer Warning Network is a team of devoted fraud investigators
including former Federal Prosecutors, former FBI Agents, and seasoned
investigative journalists working together to expose companies and
organizations ripping off the public at large. It posts news articles,
stories, and warnings - basically any information relevant to everyday
people about the many flavors of consumer fraud including foreclosure
issues, predatory loans including student loans. Worth signing up for
their e-mail alerts.
Federal Reserve System – Consumer Resources
This site lists resources and links to agencies and organizations that
may help consumers who are having difficulty making mortgage payments
including Treasury, HUD, DOJ, FHA, Federal Reserve, FTC and IRS.
You can find a live body to help by calling HUD Housing Counseling
Agencies and DOJ Credit Counseling Agencies Approved Pursuant to 11
U.S.C. § 111
Fighting Foreclosure Through Legal Aid-Community Organization
On June 23, 2009, Editorial Team of
Review: Journal of Poverty Law and Policy sponsored this webinar
describing initiatives undertaken in Philadelphia and Los Angeles by
legal aid advocates in partnership with community organizations to
combat foreclosure of low-income residents' homes. Slides are also
Foreclosure Defense: Understanding TILA Basics Is Essential
Everyone working with clients facing foreclosure need to understand The
Truth in Lending Act, how it can be used, and its terms.
Articles, and Updated Homes Information
Foreclosure to Homelessness 2009: the Forgotten Victims of the Subprime
Crisis (June 26, 2009)
This survey “makes clear that foreclosures are a major factor in the
increase of homelessness in the United States,”
National Low Income
Housing Coalition (NLIHC) President Shelia Crowley said.
Key findings include that those experiencing homelessness due to
• tended to be renters, not owners;
• whether renters or owners, did not seek legal advice in foreclosure
• most often stayed with family or friends or in emergency shelters.
LoanSafe.org protects, strengthens and promotes homeownership by giving
American homeowners the tools and help to stop foreclosure. It is grass
roots, consumer based, and consumer oriented. The Loan Safe Network was
formed in response for the need of a safe website/forum to improve
communication and foreclosure education among homeowners, lenders,
non-profit’s and for profits.
This consumer oriented site provides up to date mortgage and housing
reporting with a focus on loan modifications and the mortgage servicing
industry. It focuses on educating homeowners about the vast range of
home loan resolution services including but not limited to: loan
modifications, short sales, deeds in lieu of foreclosure and emergency
Nolo on Foreclosure
Find articles about various aspects foreclosure, all written in a
Foreclosure Survival Guide - Keep Your House or Walk Away With
Money In Your Pocket by Attorney Stephen R. Elias – Nolo 2008
The Foreclosure Survival Guide provides key information about:
mortgages, including adjustable rate mortgages (ARMs); short sales;
deeds in lieu of foreclosure; judicial and non-judicial foreclosure;
credit counseling; liens, and using bankruptcy to deal with foreclosure.
The Home Equity Theft
A blog dedicated to informing
the consumer public and the legal profession about home equity theft
issues. It describes the various forms of home equity theft and
links to news reports & other informational sources from throughout the
country about the victims of home equity theft and what government
authorities and others are doing about it.
Equity Theft Reporter Cases & Articles
Cases & Articles is a companion blog to The Home Equity Theft
Reporter, containing current court opinion summaries and sample
complaints. A treasure trove for attorneys working in the area.
Find Fact Sheets (e.g., foreclosure numbers); articles (e.g., how
did we get in this mortgage mess), proposed solutions to the foreclosure
crisis and a
contains materials for loan servicers, attorneys and others in the
mortgage industry. For example, its requirements for Eviction Halt
Extension, Announcement 09/05 are
A new Web resource that provides information on policy solutions
related to foreclosure prevention and neighborhood stabilization. It
also includes strategies for preventing and responding to foreclosures,
interactive online discussions, and tools that allow users to create
customized data reports and maps to identify areas in which to target
resources and efforts. See sections on
Help Owner and Renter Families Recover and
Protect Renters Living in Foreclosed Properties.
In 2008 2.3 million properties received a foreclosure filing in the
United States. That's an 81% increase from 2007 and a 225%
increase from 2006. (Source: RealtyTrac) Consumer’s Union presents
the personal stories of several individuals whose experiences reflect
the many ways in which abusive mortgages are taking a huge toll on
individuals communities and our economy.
Foreclosure Laws — State by
In Real Property Law, Foreclosure Defense Is At the Forefront of The
General Public’s Mind…and Need. What Can The General Practitioner Do To
Help 12 Million Defaulting Borrowers?
Stan Lockhart, a real estate
broker/mortgage broker/attorney, surveys some new laws and emerging
litigation theories and strategies that you may find helpful in your
foreclosure defense: Loan Modification under California Civil Code §
2923.6; Notice of Non-Compliance under California Civil Code § 2923.5;
Using Qualified Written Request; State and Federal Litigation.
& Answers for Reservists, Guardsmen and Other Military Personnel
regarding mortgage payment relief and protection from foreclosure
provided by the Servicemembers Civil Relief Act
Servicemembers' Civil Relief Act (SCRA)
Strength in Numbers: Legal Advocates and Community Organizers Partner to
describes the collaboration between Neighborhood Legal Services (LA
County) and a community organization, One LA-IAF, to help low-income
homeowners facing foreclosure. Groups of homeowners negotiate
collectively with servicers to modify loans. Using data gathered through
negotiations, the LA City Council recently funded a foreclosure
prevention pilot project that grants “silent second” mortgages to some
You Can Do to Stay in Your Home
As a kind of home remedy, so to speak, The Nation and the
Association of Community Organizations for Reform Now (ACORN) have
issued a useful list of ten ways to prevent or fight foreclosure.
VA Borrowers: There are Alternatives to Foreclosures!
Where’s The Note, Who’s The Holder: Enforcement of Promissory Note
Secured By Real Estate
by Hon. Samuel L. Bufford, Bankruptcy Judge (CD Cal.) and Hon.
R. Glen Ayers Ret.
Will documentation problems halt a lot of foreclosures? Judges are
issuing TROs stopping foreclosures because lenders or their
representatives are not producing proper documentation. Judge
Bufford explains it all — including some recent opinions — in a paper
for American Bankruptcy Institute’s annual spring meeting on April 3.
#2-D Defending A Client In Foreclosure: Tips, Traps, and Programs —
Housing Justice Network December 7, 2008.
Great materials available at the National Housing Law Project
Materials, No Password Required):
• Six Tips for Representing Homeowners Facing Foreclosure and Dealing
with Servicers and Lenders.
• TILA Mortgage Basics.
• Minnesota Foreclosure Defense Task Force Legal Referral Screening
To get materials, hit
Supplemental Materials, No Password Required.Zip File (11,329 Kb)
and save to disk or open and save 2-D.
Defending Subprime Mortgage Foreclosures 2008 -
Institute On October 30, 2008, PLI sponsored a 6 hour program on
• Program Overview, plus, Mortgage Market Overview [01:11:50]
• Understanding Foreclosure [57:08]
• First Steps [01:00:44]
• Issue Spotting Potential claims/Hypothetical [01:04:10]
• Loss Mitigation [56:41]
• California Specifics [55:30]
You must be a PLI member before viewing free programs. Hit
Member Login and
create an online account. Then enter
Defending Subprime Mortgage Foreclosures 2008 and you’re good to
Must Have Resource: National Consumer Law’s just-released
Foreclosures (2d Ed.) details legal rights, tactics, and informal
approaches to saving homes from seizure.