Nassau County Bar Association leads effort to help homeowners facing foreclosure

Nassau County continues to have one of the highest home foreclosure rates in New York State. According to the latest statistics, 1 in every 1,451 homes has received a foreclosure filing, and it looks as though no end is in sight. In keeping with Nassau County Bar Association's (NCBA) ongoing mission to give back to the community, especially when homeowners and families are facing the possibility of losing their homes, NCBA attorneys are stepping forward to address the crisis and make a difference. In early 2008, the NCBA Mortgage Foreclosure Task Force was created, composed of attorneys, judges, government officials, not-for-profit directors and other interested parties. The government agencies included the Homeownership Center of Nassau County, Nassau Regional Office of the New York State Attorney General, Office of the Nassau County Attorney and the Nassau County District Attorney's Office. The not-for-profits included the Volunteer Lawyer's Project, Nassau/Suffolk Law Services, and the Empire Justice Center. By May, NCBA became the first bar association in New York State to publicly address the looming mortgage foreclosure crisis by launching its Mortgage Foreclosure Pro Bono Project, with the goal of providing free legal assistance to help Nassau homeowners stave off foreclosure on their homes. We wanted to address all issues in the mortgage foreclosure process, beginning with a missed mortgage payment to actual foreclosure. Within a year we launched our innovative Mortgage Foreclosure Legal Consultation Clinic. Trained volunteer attorneys provided free one-on-one legal guidance to all Nassau County homeowners who came, all worried at the prospect of losing their homes. Residents ranged from an individual concerned about loss of a trailer home, to one losing his million dollar mansion. People from many ethnic backgrounds, those with disabilities and handicaps, young and old, all turned to the Nassau County Bar Association to seek help. The key to the success of the Mortgage Foreclosure Project was the early collaborative effort led by the private bar to bring together attorneys, government agencies and not-for-profit organizations. At the clinic, residents got the help they needed immediately, on the spot, from the combination of advocates working together right in the same room. The attorneys quickly assessed each individual situation, and then directed the individual for loan modifications to the Nassau County Homeownership Center, to determine if they qualified for free legal services to Nassau/Suffolk Law Services (which provides free legal services for those who meet certain income guidelines), or to discuss finances with a volunteer bankruptcy attorney. The county district attorney's office and state attorney general's office was also available to quickly address any potential illegal lenders. Those who came to the clinics had good things to say and felt better after having spoken to an attorney about their particular situation. One woman was waiting for the clinic to start, sitting outside, her head down, buried in her hands. When she left, she was smiling, and was very appreciative of the assistance. Another woman with a stack of paperwork said, "I felt so alone, no where to turn. This clinic is a godsend!" Using this first clinic as a model, subsequent clinics have been held every three to four weeks. To date, NCBA has held more than a dozen Mortgage Foreclosure Legal Consultation Clinics and other bar associations across the state using the clinic as a model for their programs. The project involves 60 attorneys who volunteer their time and talents, and more than 500 individual residents and their families have been assisted and hundreds more have been educated. Earlier this year, the New York State Conference of Bar Leaders recognized NCBA's groundbreaking clinic program with their top honor, the Award of Merit. The clinics are further expanding as a new Nassau Bar initiative, BOLD (Bridge Over Language Divides) reaches out to the Spanish-speaking communities in Nassau, and Spanish-speaking attorneys are at the clinics to serve as interpreters and to translate and offer advice and assistance. At the same time, more than 50 attorneys have volunteered to represent homeowners at court mandated settlement conferences between the homeowner and the bank that holds the home's mortgage. These sessions are held twice a day, five times a week in Nassau courts. Notwithstanding that the mortgage foreclosure crisis still exists, and there is no shortage of people who need help, the fact that the Project continues to attract volunteer attorneys as well as positive media attention is testimony to the quality of services provided. The NCBA members, agencies, and the public clearly feel this is a worthwhile endeavor. For more information visit www.nassaubar.org, call 516-747-4070, or email [email protected]. Emily Franchina of Franchina & Giordano of Garden City, is the current president of the Nassau County Bar Association, Mineola, N.Y.