Legal Aid Launches Innovative Program that Seeks Alternatives to Foreclosure

Foreclosures currently occupy 40 percent of the Jefferson County Circuit Court's docket and are expected to approach 5,000 cases by year's end. 

The Foreclosure Conciliation Project, a free program launched by the Jefferson County Circuit Court and the Legal Aid Society, aims to stem the rising tide of foreclosures in Jefferson County. The project gives homeowners and their banks an opportunity to meet and discuss alternatives to foreclosure before the home is sold at a foreclosure sale.  When homeowners opt-in to this program, their home cannot be sold at a foreclosure sale until they have had an opportunity to meet with their lender. Better dialogue can dramatically affect the outcome in these cases, whether it is a forbearance agreement, a loan modification, or simply a graceful exit from the home.  

To opt-in to the program, homeowners must live in the home being foreclosed on and must contact the Kentucky Homeownership Protection Center. This contact connects homeowners to a housing counselor who will help them complete a hardship financial packet. The hardship packet is then reviewed by the bank with the goal of finding an alternative to foreclosure.  

This project was recently featured in the New York Times, the Washington Post, the LA Times, the Chicago Tribune, the Baltimore Sun, and the San Francisco Chronicle. It also ran online at CBS,  ABC, MSNBC, Forbes, and Yahoo. To learn more about the Foreclosure Conciliation Project and other foreclosure mediation efforts nationwide, click here.

With the help of their Legal Aid attorney, the Fochtmans (the clients featured in the above-mentioned AP story who faced foreclosure on their home as a result of medical debt), received loan modifications on their first and second mortgages.  Their monthly payments are now affordable, and they have remained in their home.

Legal Aid recently launched the Domestic Violence Advocacy Program (DVAP), which provides free legal representation to victims of domestic violence at Domestic Violence Order (DVO) hearings in Jefferson County Family Courts.  The DVAP relies on volunteers from the legal community to provide this service to victims who cannot obtain private counsel due to poverty. 
 
The Domestic Violence Advocacy Program was created in recognition that victims are more likely to return to their abusers when they do not have access to sufficient support.  The project meets victims at their point of need, provides the legal support necessary to prevent further abuse, and shifts the burden of presenting evidence in court from a vulnerable victim to a trained attorney.
 
Clients can apply for this service at the time they file for a Domestic Violence Order at the courthouse.  Legal Aid will work with the client, investigate the case, and prepare the case for the hearing.  The pro bono attorney will consult with the client and provide representation at the hearing.
 
"Joy" is a 21-year old deaf woman who had no legal representation at her first DVO hearing. With the aid of an American Sign Language interpreter, Joy told the judge she wanted to drop her petition for a protective order against her boyfriend, "Ralph."  After reading Joy's frightening testimony, the judge demanded to know why she no longer wanted a DVO.  Joy stated in her testimony that Ralph had slapped her, broken some of her property, stolen her Social Security checks, and forbidden her to leave his apartment.  She also testified that Ralph's physical abuse had caused her to miscarry.  The judge pressed Joy to explain why she was dropping the petition.  Joy finally admitted that Ralph, who was waiting for her outside the court, had ordered her to do it.  Joy told the court she wanted to leave Ralph, but she could not return to his apartment to retrieve her things.
 
The judge requested a Legal Aid attorney, explaining that Joy needed legal representation to get a DVO and file a criminal complaint against Ralph. The judge postponed the DVO hearing for two weeks so that Joy and her attorney would have time to serve Ralph with charges and put together a strong case. In the meantime, Legal Aid arranged for Joy to spend the night at the Center for Women and Families.  Joy also received a court order for a Sheriff's Deputy to escort her to her boyfriend's apartment to pack her belongings. She and her attorney planned how Joy could find sufficient funds to escape her abuser and move back to Georgia with her parents. As the terror she felt toward her boyfriend began to subside, Joy started smiling and laughing with her attorney.
 
There are too many victims of domestic violence like Joy who do not have access to legal representation.  If a Legal Aid attorney had not been available that day at Family Court, it is possible Joy would have simply dropped the petition for a protective order and returned to her abusive boyfriend.  Legal Aid helped restore Joy's hope and set her future in a healthier, happier, and safer direction. The DVAP will enable Legal Aid to provide justice to those like Joy, who are living in desperate situations and needing to escape their abusers.
 
Local law firms who have committed significant pro bono resources to this project include:

Firms and attorneys interested in volunteering for this project should contact Neva-Marie Polley at NPolley@laslou.org or (502) 584-1254 ext. 3121.