INTRODUCTION
Since itÕs
initialization in 2008 to address issues of predatory and other questionable
mortgage lending practices and the resulting foreclosure crisis and its
catastrophic consequences, the Foreclosure Task Force of the Hampden County Bar
Association has proceeded to develop a model for providing legal services to
individuals facing foreclosure based upon the following core principles and
beliefs:
* There
exists an unmet need for legal representation by individuals unable to afford
the cost of an attorneyÉor who are unaware of the availability of pro bono or similar legal services.
* Members of
the bar have an individual moral and ethical obligation to participate in
providing pro bono and reduced fee
legal services to those members of the community who, without the availability
of such services would be deprived of equal access to the law.
* Members of
the bar acknowledge and readily accept their community service obligations and
are unselfishly willing to devote their time and professional services in those
areas of the practice in which they have experience and expertiseÉand in which
there is a structured program for the effective delivery of such services.
* That
attorneys willing to volunteer their time and efforts in providing pro bono and reduced rate legal services
to those in need of representation crave continuing legal education and training
that better equip them to provide the representation that is requested of them.
* That attorneys are willing to work
together cooperatively, to be
mentors to those less experienced and even share their work product (pleadings)
with one another in collegial efforts to better serve the highest standards of
the profession.
* That the structure of providing legal
services to individuals facing foreclosure cannot be met solely by the
individual attorneys or the Hampden County Bar Association alone, but must be a
collaborative effort coordinate and in cooperation with the non-profit agencies
such as the Massachusetts Justice Project, Western Mass. Legal Services, Mass.
Fair Housing and others that share the same goals.
It is in
recognition of these precepts that the Task Force initiated the creation of the
Alliance of Providers of Legal Services
to Individuals Facing Foreclosure that has brought together the Bar
Association, the non-profit legal services organizations and others in a
cooperate effort to address the issues of a foreclosure system gone aray and
meet the legal need of those who were its victims. With its regular monthly meetings and cooperative and
mutually supporting efforts, the Alliance is a model that effectively serves to
triage the needs for the limited legal services available and insure the
thoughtful allocation of such services.
The Alliance and its participants are partners of the Foreclosure Task
Force in all that it undertakes and accomplishes.
The
Foreclosure Task Force on its own and in cooperation with the Hampden County
Bar Association, the Massachusetts Bar Association, Senior Partners for Justice
and others has produced and to make educational programs available to members
of the bar that will enhance and supplement the knowledge of those who
undertake the representation of individuals victimized by predatory lending
practice and/or enmeshed in the foreclosure process. It has distributed recent cases of interest to the bar and has
circularized forms and examples to attorneys for their reference in their
practice. All of its activities
have been calculated to solicit volunteer attorneys, to provide them access to
educational materials and other information that will enable them to improve
their skills in the representation of clients requiring pro bono and reduced
fee services referred to them under the auspices of those with whom the
Foreclosure Task Force is affiliated in its Hotline (413-323-7404) and other
outreach programs.
This website
is intended to allow the Foreclosure Task Force to better and more effectively
accomplish its objectives and serve the needs of those members of the bar who
provide legal services to clients Éindividual homeowners requiring legal
representation in issues involving their mortgages and/or foreclosure. The form and example contents of the
website has, for the most part, been designed to allow viewers to download the forms and examples for redrafting in
application to specific facts and cases. We are hopeful that the site serves
its intended purposes and solicit
the input of its users in our continuing efforts to improve its usefulness to
members of the bar who avail themselves of the information that has been
provided.
The
Foreclosure Task Force takes this opportunity to express its heartfelt
appreciation to those attorneys who are its volunteers, the non-profit
providers of legal services to those who cannot afford counsel and all those
others who have supported its efforts.
As we launch this foray into the high tech world of cyberspace, we
particular want to thank E. Bruce Berman, Jr. of Catalyst News Media Group who
has been the catalyst for this project and has designed and maintains this
website pro bono.
Eugene B. Berman, J.D., Chair
Foreclosure Task Force of the Hampden County Bar Association