Referring Homeowners to Community Legal Services

Community Legal Services (CLS) is pleased to work with housing counselors to help Philadelphian homeowners save their homes. We welcome referrals from housing counselors of homeowners who need legal representation. Unfortunately, the attorneys and paralegals at CLS are not able to represent every homeowner who needs legal representation. To help us prioritize which homeowners we represent, we have developed the following list of priorities:

  • The client must live in the house.
  • The client must have some kind of an ownership interest in the house. He or she does not necessarily need to have their name on the deed, but they must have some claim to ownership (e.g., being an heir.)
  • Priority is given to very low-income households (who can still afford to retain their home.) For example, we give priority to households with income below 188% of the federal poverty level (i.e., $3800/month for a family of three.)
  • Priority is given to homeowners who have one of the types of legal issues in the list attached to this document.

If you would like CLS to consider representing a homeowner, please talk with us as soon as you see an issue develop. Currently, we consider homeowners for representation biweekly (every other Tuesday afternoon). It is very difficult for us to consider a homeowner for representation on short notice.

How do I refer a homeowner to CLS for representation?

  1. Before submitting a case to CLS, please consult with your agency’s CLS liaison by phone or email. Each housing counselor has a CLS paralegal or attorney assigned as your liaison. A list of the liaisons is attached.
  1. Once the CLS liaison confirms that the issue at hand can be referred, please complete the questionnaire. Please enclose as many of the following documents as you can with the questionnaire.

For mortgage foreclosure cases

  1. The foreclosure complaint
  2. Loan origination documents (e.g., the HUD-1 and TILA disclosures)
  3. Applications or correspondence regarding loss mitigation

For property tax cases

  1. Any payment agreement applications that have already been submitted including attachments
  2. Correspondence from the City, GRB, or Linebarger about the application
  3. Court papers, including a sheriff’s sale notice (if one has been issued)
  4. Tax bills
  1. CLS considers homeowners for representation biweekly. CLS will communicate with the housing counselor after CLS makes a decision about taking the case. (Please keep in mind that a referral to CLS is no guarantee that CLS can handle the case). Counselors can follow-up with their CLS liaisonat least two weeks after the referral is submitted. If CLS expects further work to be performed by the counselor, CLS shall indicate in writing what assistance it expects the counselor to perform.
  1. A referral to CLS in never considered a resolution to the case unless CLS communicates in writing to the counselor that the case is being accepted by the unit and counselor services are not required.
  1. If CLS does not accept the case for representation, CLS will provide the counselor with other alternatives if any exist about how to resolve to the case.

Please do not give the homeowner the name and phone number of the CLS contact. Unfortunately, we simply cannot return all of their calls. After we have agreed to look further into the case, please explain to the client that someone from CLS might contact them to discuss their case.

Please do not tell the homeowner to come to CLS during our walk-in intake hours. Making a referral to us using this process will save them hours of waiting in our waiting room.

Housing Counselor Referral to Community Legal Services

Please complete all information. You can skip this first page if you print out and attach the intake sheet from HCO.

Counselor:

Agency Name:

Telephone Number and Extension:

Email:

Client Information:

Client's Full Name:

Client’s Spouse:

Address:

Telephone:

Alternate Telephone (e.g. work):

Social Security Number:Date of Birth:

Race:Gender:

Is the client fluent in English? If not, primary language?

Is client or any member of client’s household a veteran?

Household size

Number of Adults:Number of Children:

Household income

Source Person receiving Monthly Amount

Mortgage Foreclosure Questions

Please answer these questions only if the client has a mortgage foreclosure issue

What is the legal issue in this case that you would like CLS to address? (Please choose from the priority list attached.)

What has the housing counselor done so far in this case?

What is the problem requiring legal representation?

What does the client want to achieve?

Has the client applied for HEMAP? Yes /NoIf yes, when applied? When denied?

Has the client applied for HAMP? Yes / NoIf yes, when applied? When denied?

Has the loan been previously modified? Yes / NoIf yes, when?

Important Dates and Deadlines:

Date foreclosure case filed:

Date of first CC:

Date of next CC:

Date on which a default judgment may be taken:

Sheriff’s Sale:

Property Tax Questions

Please answer these questions only if the client has a property tax issue

What is the legal issue in this case that you would like CLS to address?

(Please choose from the priority list attached.)

Is the client’s name on the deed?

If not, whose name is on the deed and what is the client’s relationship to the property?

Does the client live in the property?

Does the client have photo I.D at property address?

Does the client have voter registration listed at that address?

Are utility accounts in the client’s name at property?

(If yes, please provide bills less than 6 months old.)

Does the client have any other proof of residency?

Which collection agency is involved?

Philadelphia Department of Revenue

Philadelphia Law Department

GRB (a private law firm / debt collector)

LinebargerGoggan (a private law firm / debt collector)

Other debt collector

OPA Account #:

How much in taxes are owed?

(Please provide a copy of the OPA record, available at:

Status of Case:

Has legal action been filed?Yes / NoIf yes, when?

Has client applied for OOPA? Yes / NoIf yes, when?

Has client been approved for OOPA? Yes / NoIf yes, when?

Has client received a Show Cause Petition?Yes / NoIf yes, when?

Has client filed an Answer/Response?Yes / NoIf yes, when?

Has judge entered an Order/Judgment?Yes / NoIf yes, when?

Is a Sherriff Sale Scheduled?Yes / NoIf yes, when?

Has the home been sold at Sherriff’s Sale?Yes / NoIf yes, when?

Community Legal Services’ Mortgage Foreclosure case priorities

in no particular order

(1)FHA loans

(2)Exploding balloon after client has made all payments

(3)Loans involving a defective or missing Act 6 notice

(4)Loans involving a missing Act 91 notice or defective Act 91 notice w/ articulable harm to client

(5)Reverse mortgage foreclosures involving any one of the following:

  1. Spouse
  2. Any family member who removed name from deed at time loan was created
  3. The reverse mortgage borrower (person has defaulted)
  4. Other predatory factor (known predatory lender, distorted appraisals at loan creation, etc.)

(6)Predatory loans involving one or more of the following

  1. Known predatory lender
  2. Double-digit interest rate
  3. Refinance with high closing costs (possible TILA violation, perhaps to litigate in Chap 13 recoupment)
  4. Unfair or deceptive practices in formation or servicing of loan

(7)Client who has fallen behind but will be able to resume payments in future (w/in 2 years) once income is secured. Examples:

  1. Viable pending SSI/SSD claim
  2. upcoming eligibility for SS benefits due to age
  3. client with strong work history who is struggling to stabilize income
  4. other reasonably anticipated new income source

(8)Heir properties where the client has the ability to pay the mortgage (either through loan mod or bkry)

(9)Any case where there is a legal issue about the validity of the mortgage. Examples:

  1. House owned husband and wife, but only one spouse signed mortgage
  2. Mortgage taken by non-owner
  3. Rent to own where seller took out mortgage after sales contract created

(10)Any case where there is a legitimate argument that client is not behind on payments

(11)Any case where there is a legitimatedispute about asignificant accounting matter

(12)Any client who has income to support a Chapter 13

(13)Long-term successful homeowner (person owned house for decades w/o issue until most recent loan)

We are likely unable to provide legal representation to homeowners facing the following situations (unless you speak directly your agency’s CLS liaison first.)

(1)Judgment has already been entered (but OK for Chap 13 referrals)

(2)Response deadline is within 7 days.

(3)Sheriff’s Sale is within 21 days.

(4)There is a permanent change in income and client can no longer sustain property

Community Legal Services’ Property Tax case priorities

in no particular order

(1)Cases where an Owner Occupied Payment Agreement (OOPA) has been denied or where client has filed an OOPA first level review (FLR) or appeal to the tax revenue board (TRB).

(2)Cases where the collector is refusing to stay the sheriff’s sale pending the review of OOPA application or during a FLR or appeal to the TRB.

(3)Cases where client needs an attorney representation to prove that she has an equitable claim to ownership of the home.

(4)Cases where a client seeks a deed.

(5)Cases where client in an existing OOPA is declared in breech or default on Agreement.

(6)Cases where collector may have misapplied payments under OOPA.

(7)Cases where the OOPA was orally denied but no writing was offered.

(8)Cases where the OOPA was denied as being “incomplete.

(9)Cases where the client has trouble applying for an OOPA because she does not speak, read, or write English.

(10)Cases where the client lacks government-issued photo ID

(11)Cases where OOPA is denied because minors living in the home are asked for their Social Security Numbers.

(12)Cases where the home has been sold at sheriff’s sale recently but the client has the full amount of money to pay off the taxes owed OR, in rare cases, where a client can demonstrate that she has reliable income and can afford to pay off the balance within 60 months.

(13)Cases where client has been improperly denied one of the following property tax programs:

  1. Installment agreement for current year
  2. Homestead Exemption
  3. Senior Tax Freeze
  4. LOOP

Property Tax cases we are likely unable to provide legal representation (unless you speak directly your agency’s CLS liaison first.)

(1)The property is not owner occupied (e.g., it is a second home, a business, or is vacant.)

(2)A sheriff’s sale is scheduled within two weeks.

(3)A client only disputes the amount owed.

(4)A client only disputes how a payment was applied (prior to entering an OOPA.)

(5)A client only disputes the assessed value of their home or their tax amount.

(6)A client does not have sufficient income to support payment of taxes (i.e., client cannot afford the current year’s taxes plus $25 per month.)