June 2009

The Home Foreclosure Legal Aid Project

Providing Needed Assistance — You Can Help

by WSBA Executive Director Paula Littlewood

As we all watched the home foreclosure crisis sweep across the nation last summer and fall, we knew it was only a matter of time before the crisis hit Washington. As we read the paper and listen to the news every day, there is no question Washington is now in the thick of the calamity. Indeed, every month there are more than 3,000 new foreclosure filings in our state. In March, the figure rose to over 4,200 and the problem is getting worse by the day. As a profession defined by an ethic of service to the public, WSBA leadership realized that it was critical to find a way for lawyers in this state to help since only lawyers, with their unique training and skill set, can provide much of the needed assistance in this time of great need for people in Washington.

After discussion and coordination with the various stakeholders in the civil legal aid community and other affected arenas to discern how best the WSBA and our members could be of service, the Board of Governors voted in April to fund the Home Foreclosure Legal Aid Project. Through the Project, WSBA is developing a well-trained and supported “army” of volunteer lawyers who have agreed to provide pro bono representation to homeowners with legal problems related to foreclosure. The Project will add service capacity to existing civil legal aid programs by providing a pool of volunteer lawyers capable of providing representation to clients and funding a legal team to coordinate this assistance to homeowners in need.

This statewide Project provides an opportunity for lawyers to provide meaningful and much-needed assistance. Participating lawyers will receive free MCLE-accredited online training. Ongoing support from fellow members of the Bar who are experienced in housing and foreclosure matters will also be available. The project will last for one year — June 1, 2009, through May 31, 2010 — and has been designed so that lawyers who want to volunteer can give a little or a lot of time. We want to make it as easy as possible for lawyers to be of service to their communities, and fulfill aspirational pro bono obligations.

During the month of May, we began recruitment of volunteer lawyers willing to offer their time and services. We had an overwhelming response to our announcement about the Project, with more than 100 members signing up in the first 24 hours. We continue to need and recruit lawyers for the Project and hope to have 500 lawyers ready and available to serve when we announce the Project to the public this month.

The WSBA, with the support of Governor Chris Gregoire, Chief Justice Gerry Alexander, and Attorney General Rob ¬McKenna, will hold a press conference June 1st in Seattle to announce the Project’s doors opening to the public.

Importantly, the WSBA could not implement this project without a partner in the civil legal aid community, and we are thrilled to be partnering with the Northwest Justice Project (NJP). This partnership has two components. First, the WSBA has hired a project manager who is coordinating the recruitment and training of volunteer lawyers. Second, the WSBA is funding a lawyer and paralegal who comprise the NJP Home Foreclosure Legal Team who will oversee client intake, case screening and assessment, and referral of appropriate cases to volunteer lawyers.

The Project is being funded through a grant of $150,000 approved by the Board of Governors to fund the NJP Home Foreclosure Legal Team and $10,000 to produce online training materials, both of which will be paid from WSBA CLE reserves (these funds are not member license fees). In addition, the WSBA is providing significant in-kind staffing, particularly the project manager, to support the Project. The WSBA is pursuing federal and state grant money that may be available to help fund this effort as well.

Although there are existing programs already serving homeowners in our state, the need far exceeds the current capacity. Additionally, current legal aid programs are restricted to serve only those whose income is 200 percent or below the federal poverty guidelines. There are currently few free or low-cost services for those whose income exceeds 200 percent of the federal poverty guidelines, so the project will serve those whose income is up to 400 percent of the federal poverty guidelines. Our hope in serving this income range is that if we can help people stay in their homes, it will prevent them from falling into the 0 to 200 percent income level.

I believe that lawyers are leaders by virtue of the fact that they’re lawyers. People turn to lawyers as leaders — we’ve all experienced that dynamic in our community service, churches, schools, and families. I hope you’ll take this opportunity to lead in an area where our profession can make a real difference for the people in our state.

To sign up or learn more information about the Project, please visit WSBA’s homepage at www.wsba.org.

Paula Littlewood is the WSBA executive director and can be reached at paulal@wsba.org.

AT A GLANCE . . .

What is the Home Foreclosure Legal Aid Project?

In response to the current foreclosure crisis facing our state, the WSBA is developing, coordinating, and deploying a well-trained and supported “army” of volunteer lawyers who have agreed to provide pro bono representation to ¬homeowners with legal problems related to foreclosure. The WSBA is partnering with the Northwest Justice Project to provide services statewide.

What are the goals of the project?

The project goal is to help Washington homeowners avoid foreclosure and stay in their homes. An important aspect of the project is that it will extend legal services to moderate-income home-owners who are within 200% to 400% of the federal poverty guidelines. By providing legal assistance at a critical time, volunteer lawyers may be able to prevent these individuals from dropping below 200% of the poverty level and ending up with more legal problems than possible foreclosure.

Does it matter where I live or work?

No, there are homeowners in need of help throughout Washington, and lawyers in all areas of the state are needed.

What kind of training is available?

WSBA-CLE is producing MCLE-¬approved online training modules. The video modules and related printed training materials will be posted online. Training modules will include case assessments, loan workouts, restraint of sale, and other topics. Issue-spotting topics will include bankruptcy, predatory lending, and foreclosure-rescue scams. The training modules will be free to participating lawyers.

How do I sign up?

Please go to the WSBA website at www.wsba.org and click on the link to the Home Foreclosure Legal Aid Project. There is an online sign-up form that includes questions about your experience in housing-related issues, geographical preference, training completed, availability, and other relevant information. It should take less than five minutes to complete the form.