Foreclosure Intake Questions

Foreclosure Intake Triage Questions –  

1)     Is the home you are calling about your residence?

 If No, refer to Lawyer Referral Service in caller’s county.                                                    http://www.msba.org/public/referral.htm

 If Yes, continue.

 2)     Have you been served with papers from the Circuit Court saying that a foreclosure proceeding been filed? (Either an “Order to Docket” or “Complaint to Foreclose”? 

If NO:

  1. Contact non-profit housing counseling agency as soon as possible for assistance negotiating with the lender. See http://www.mdhope.org/Counselors.aspx for list of approved agencies.
  2. Avoid scam counseling agencies; foreclosure rescue scams or any other offer of help that “seems too good to be true.” You should not pay anyone for housing counseling services. Provide homeowner with this flyer or link to it: http://www.occ.treas.gov/ftp/ADVISORY/2008-1.html

 

If YES, ask the following questions:

 What date was homeowner served with Order to Docket? ___________

Was a “Final Loss Mitigation Affidavit” included with the court papers? YES/NO

 If NO, advise client that someone from the foreclosure project will be contacting them to discuss their case further and to determine whether we can represent in the mediation.

 If YES, has homeowner filed a Request for Mediation?  YES/NO

 If YES, has a mediation date been scheduled? YES/NO

 If YES, when is the mediation? __________________

 If NO Request for Mediation has been filed, advise homeowner:

  1. To complete Request for Mediation form (will be included in the court papers, but see sample here: http://www.dllr.maryland.gov/forms/frreqforemed.doc  )
  2. Mail or hand-deliver to court and lender (pre-addressed envelopes will be in the packet of court papers.) MUST BE FILED WITH COURT WITHIN 25 DAYS OF SERVICE.
  3. Include $50 filing fee or form for waiver of costs. Waiver of costs form can be obtained from court or on-line at:  http://mdcourts.gov/courtforms/circuit/cc080.pdf
  4. Someone from foreclosure project will contact client to discuss case further and to determine whether we can represent in the mediation.

NOTE - If homeowner not eligible for Legal Aid assistance:

Income: If homeowner is over income guidelines refer homeowner to Civil Justice for a low bono referral if the combined family income is less $90,000. Civil Justice’s low bono mediation hotline number is (410) 706-5649

If the combined family income is more than $90,000, refer client to  Lawyer Referral Service for county in which they live.

For Conflicts or Undocumented Non-Citizens:  For Baltimore City – refer to MVLS

For Prince George’s County – refer to Community Legal Services 301-864-4907

For Montgomery County – refer to Montgomery County Pro Bono – 301-424-7651

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