New law provides important safeguards to help protect homeowners facing foreclosure. The legislation will ensure that homeowners are properly informed about their rights before signing a contract with a foreclosure rescue entity in addition to other foreclosure protections.

The Foreclosure Rescue Fraud Prevention Act requires that a foreclosure rescue consultant provide a written agreement to the consumer and obtain the consumer’s signature before beginning any services. The legislation further requires the rescue consultant to include in the written agreement a specific notice of the homeowners’ right to cancel. Other mandatory disclosure is that the consumer should contact lender first before signing, since the lender may be willing to negotiate a payment plan free of charge. For more information about Florida Foreclosure Rescue Fraud Prevention Act call 1-800-HELP-FLA.

Foreclosure Assistance Center in West Palm Beach

The City of West Palm Beach has joined with national organizations and banks to create a first of its kind foreclosure assistance center. The Center is free and is a dedicated to providing direct solutions to homeowners that have been affected by foreclosures. Counselors may be reached by telephone at 561-822-1575. Appointments with foreclosure counselors are available on a case-by-case basis for nights and weekends.

The Center is focused on immediate solutions for homeowners facing foreclosure of their property located in the City of West Palm Beach. The options include direct payment to mortgagees for payments due up to $10,000; negotiation with the lender for new loan repayment agreements; purchase of the home should the lender agree to a “Short Sale”; purchased homes are then available through the city’s affordable housing program; also assistance with finding jobs and making a post foreclosure recovery plan.

The Foreclosure Assistance Centers partners include The Urban League, Department of Housing and Urban Development (HUD), Education and Community Housing, Inc. (REACH), BankAtlantic, Bank of America, HSBC Bank, National City Bank, The Housing Partnership, SunTrust Bank, The T.A.C. Companies, Unified Financial Group, United Way of Palm Beach County, and Consumer Credit Counseling Service.

Community Legal Services of Mid-Florida, Inc.

The mission of CLSMF is to provide access to justice through high quality legal assistance to low-income persons. Community Legal Services of Mid-Florida, Inc. provides free legal foreclosure assistance to eligible low-income persons.

CLSMF offers free educational seminars and informational brochures regarding various areas of law as well as foreclosure prevention. Call your local Florida office for further information 1-800-363-2357.

Florida Foreclosure Legal Aid

If you facing foreclosure but cannot afford to hire a private lawyer, you still may have access to the legal system through local legal services-legal aid organization which provides free or low cost legal services to persons with low incomes.

Florida legal aid societies and legal services organizations are multi-sponsored and funded by federal, state, and local governments, The Florida Bar Foundation, The Florida Bar, local bar associations, and special grants.

Lawyers in a legal services office can advise and represent you in foreclosure proceedings, although each program has priorities for the type of cases they will take. Because the number of people demanding legal services exceeds the amount of staff and money available to handle cases, legal services offices limit the types of cases taken.

Most legal services offices offer their foreclosure assistance free of charge to people who qualify. Some areas have Low-Fee Panels for persons with low fixed incomes.

If you should have a problem in contacting an office, consult your telephone directory, information or local bar association, which is usually listed by county. Bar Staff Contacts (850) 561-5600

The Florida Bar Lawyer Referral Service

LRS provides referrals to attorneys who will conduct an initial one-half hour foreclosure consultation for $25. Try Online Lawyer Referral Service or call Lawyer Referral 1-800-342-8011.

Participating attorneys are required to submit an extensive application to the service and they must be a member in good standing of The Florida Bar with no pending probable cause complaints. Referral Service attorneys also are required to have professional liability insurance with limits of not less than $100,000.

Florida Attorneys Saving Homes Foreclosure Prevention Project

This project is designed to Florida homeowners who are facing or fear the possibility of foreclosure. The project is NOT designed to assist those who are already in foreclosure. It is extremely important that if you have been served with a foreclosure Summons and Complaint by a sheriff’s deputy or process server that you contact your local legal aid office IMMEDIATELY.

To be eligible for help, you must meet these requirements:

• You must be a Florida resident
• The homeowner must be applying for help in the home that you live in
• The program assists applicants who are financially disadvantaged

The Florida Attorneys Saving Homes project has received in excess of 10,000 calls and over 5,000 intake forms since the project was launched back in June. Due to the volume of calls and the number of intake forms being received, it may be 30-45 days before you hear back from the program. You may want to access www.floridalawhelp.org for additional pro bono legal assistance or contact The Florida Bar Lawyer Referral Service for a referral to an attorney for a low fee consultation (1-800-342-8011).

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