Click on the link below to see the United Way of Volusia and Flagler Counties video which features one of our clients, Ms. Ola Mae Cook.
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A Home Saved From Foreclosure
MAY 13, 2008
DELAND
-- Ola Mae Cook took two part-time jobs and sold her furniture last spring
while trying to keep her house from foreclosure.
Now she
thanks God and Debbie Hallisky, staff lawyer for Community Legal Services of
Mid-Florida, for saving her home from what Hallisky labeled predatory lenders.
Cook,
now 64, had a zero-interest government loan with payments of $167 a month.
Widowed and disabled, she had fixed Social Security disability income and a
small pension. "I broke my back and
couldn't work," said the piano-playing daughter of a minister father and
missionary mother. Her late husband, a former city employee, had left a small
pension that she said continued only a few years after his death.
She and
her husband had owned their house since the early 1980s but applied for a
Volusia County Rehabilitation mortgage loan in 1989 for $80,000 to upgrade.
"We applied together for it through the county, but he died, so I
reapplied," she said. She got the zero-interest loan and work was done.
The low payments were manageable. Her payments improved her equity and as real
estate values in the market went up, her equity grew. She also had a small,
affordable car loan.
About a
year ago, after her late husband's pension ran out, Cook worried it might be
difficult to make ends meet. "There was a little card came in the mail. It
offered refinancing that sounded like it could solve all my problems and I
thought it would help me," Cook said.
Cook
was sold an adjustable rate mortgage at 12.756 percent for $89,000, which
included paying off her car, with settlement costs of $12,478 and a prepayment
penalty of $10,676. Her monthly mortgage payment grew to more than $1,038,
which was more than her total monthly income, Hallisky said.
"I
didn't know the payments would go up to more than $1,000," Cook said.
"I worked as a foster grandparent at a school and during the Christmas
holidays I worked a five-week program as a bell ringer for a little over
$1,600. I put it all toward the payments." Finally the payments were too
much and she came up short. Badgering and threatening calls and notices of
delinquency started coming.
"I
said I was making every effort to keep up, and they said to 'give this up,'
" she said. Foreclosure proceedings began.
Then
Cook met Diana Kay Cummings, a senior loan adviser for Reverse Mortgage
Professionals, who realized Cook had enough equity in the house to get out of
trouble. "She was frightened out of her mind. Her house was going into
foreclosure, so I contacted the lender to try to make a deal with them,"
Cummings said. She offered to pay off Cook's mortgage using a reverse loan,
which would allow the widow to stay in her house for her lifetime or sell at
any time and keep any remaining equity.
"They
said 'no.' She had a way out but they wouldn't take it," Cummings said.
The foreclosure process continued. Being a religious person, Cook sought
guidance from Bishop T.L. Jackson, pastor of
"This
is a very busy office," said Hallisky, whose areas at legal services
include family law, housing, public benefits and consumer law. "Prior to
December we had five cases," she said. "Then the number of
foreclosures began to exceed our typical landlord/evictions."
"Because of the volume of cases coming in, we were all initially
floundering, but we got up to speed on the mortgage foreclosure process,"
Hallisky said. "Ms. Cook was the first big case that required us to do
something. She was traumatized by calls and visits. It's predatory
marketing."
When
Cook walked into Hallisky's office, "she was two days away from final
judgment. She had packed up and started selling her furniture," Halllisky
said. "I had no time but to act and file an objection and motion for
discovery," she said.
"After
negotiation, the mortgage and title companies have reached a settlement in this
matter, to allow Ms. Cook a reverse mortgage with money in her pocket,"
said Larry Glinzman, spokesman for Community Legal Services. "Ms. Cook has
returned to her home and has received monies to repurchase furniture she sold
in anticipation of being told she would have to move."
But the
issue doesn't end there. Hallisky has filed suit against the mortgage broker,
complaining of deceptive practices.
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CLSMF HELPS PARENTS COPE WITH DAUGHTER'S DISABILITY
DAYTONA
BEACH -- Sarah Karpenko wraps her arms around her dad's neck and, as he counts
out loud, she simultaneously kisses his cheek 13 times. It was a tender moment
in her parents' day, which is filled with taking care of their 27-year-old
daughter, who is blind, in a wheelchair and has cerebral palsy. That care by
her parents, Sandy and Paul Karpenko, involves feeding, a lot of lifting and
some nights sitting by her bed all night long.
While
they have a lift that helps place their daughter into her bed, they must work
together to lift her while changing her diaper, giving her a shower, dressing
her and putting her into her chair. For the Karpenkos, who fostered and then
adopted Sarah when she was a baby, the years of work have left both with back
pain problems. Paul Karpenko, 66, also had a stroke last year and his wife,
Sandy, 65, has heart problems and needs another heart operation.
They've
been seeking help from the state since August, but Sarah is one of 16,530
people statewide, including 402 locally, who are on a wait list for services
under the Medicaid waiver program for people with developmental disabilities.
The state has agreed to get them some help, including an aide that will come to
the house about 13 hours a week. But they don't know when it will start.
Meanwhile, there is no state funding, officials have told them, to get their
daughter into an assisted living facility or group home.
With
the state facing massive budget problems, House and Senate leaders said they
likely won't have enough money to reduce the waiting list during the coming
year. "At this point, we don't have assets to get the waiting list down
any quicker than we have," said Sen. Durell Peaden, a Crestview Republican
who is chairman of the Senate Health and Human Services Appropriations
Committee.
An
initial House budget proposal would set aside $54.5 million, in part, to take
care of the Agency for Persons with Disabilities' projected deficit in 2008-09.
Also, that money would help cover any delays in implementing a new tier system
that will cap how much services clients can receive. Legislators expect there
may be legal challenges to capping services. The state recently received
federal approval starting July 1 to put more than 30,000 existing clients into
various tiers or levels.
House
Healthcare Chairman Aaron Bean, R-Fernandina Beach, said if any of that money
is left over, it could be put toward the waiting list. Capping services, agency
officials said, should help the agency get a better handle on spending, reduce
the agency's now $9 million deficit and start helping more people on the wait
list. Meanwhile, both the House and Senate are proposing cutting payment rates
the agency gives to people and agencies that provide services to people with
developmental disabilities. The Senate proposal would cut about $56 million,
while the House would cut nearly $36 million.
Some
funding is available now to move people in a crisis situation off the wait list
when other people leave the waiver program for various reasons. People are
considered to be in a crisis if they are a threat to themselves or others, are
in danger of being homeless, or their caretakers no longer are able to provide
services.
The
agency moved 426 people statewide and five locally off the waiting list from
July to Feb. 29. "We understand it's very difficult for families waiting
for services," said Melanie Mowry Etters, an agency spokeswoman. "We
are trying to balance people's needs and the financial responsibilities we
have."
Community Legal Services of Mid-Florida, which is
representing the Karpenkos for free because of their low income, is trying to
convince the state that Sarah falls under a crisis so she can be placed into a
residential facility. They are talking with agency officials to resolve the
issue before an administrative hearing takes place in May.
"It's
just a case where someone who very obviously needs services is not getting
them," said Laura Pichardo, attorney for Community Legal Services.
"Her parents have done everything they can do for her. It's time now for
her to be cared for in a facility that has the resources to do that."
Agency
officials said they can't comment on a specific case but said they are trying
to assist people as much as possible, given their limited dollars.
The
Karpenkos, who are missionaries for small independent Baptist churches and also
have five biological, grown children, hope they will get help soon. They said
they love their daughter, but are just at a point where they can't care for
her. They said they knew when they adopted her she was limited in her abilities
and, if they had to do it all over again, they wouldn't change a thing.
At
their house recently, Sarah Karpenko, who is mainly nonverbal, occasionally
plucked a string from her lap harp that sits on her wheelchair and then said,
"Uh oh" and smiled.
She
also enjoys listening to harp music in her bedroom while she rests in bed.
"She's
a very loving person. She loves to hug and loves to blow kisses," Sandy
Karpenko said. "She's just a real sweetheart."
COMMUNITY LEGAL SERVICES OF MID-FLORIDA AND THE LEGAL ADVOCACY CENTER OF CENTRAL FLORIDA RESOLVE HOUSING DISCRIMINATION CASE AGAINST RIVERPLACE ONE HUNDRED CONDOMINIUM ASSERTING DISABLED RESIDENTS' RIGHTS
(January 12, 2008)
Aiding Legal Aid
Originally appeared on News-Journal Online at
http://www.news-journalonline.com
AGENCY NEEDS HELP TO GIVE THE POOR A VOICE
It's illegal for a restaurant owner to force his employees to work unpaid overtime. But it's easy enough for him to do -- if he can threaten his employees' jobs
knowing they don't have the ability to fight back.
It's illegal for a divorced mother to deny her ex-husband court-ordered visitation with his children. But if she knows her former spouse can't afford to hire an attorney, the temptation to play out old grudges by ignoring his rights grows stronger.
It's illegal for a divorced mother to deny her ex-husband court-ordered visitation with his children. But if she knows her former spouse can't afford to hire an attorney, the temptation to play out old grudges by ignoring his rights grows stronger.
In each of these cases, legal aid can level the playing field. But the agency that provides legal representation to low-income Central Floridians is stretched far too thin, starved of funding and deluged with so many pleas for help that it often can't answer all the phone calls on its helpline.
Representatives of Community Legal Services of Mid-Florida estimate that roughly 110,000 Volusia and Flagler county residents are eligible for their services. Last year, the agency, which covers 12 counties, was able to help 6,000 people. More than 3,000 of those were from Volusia and Flagler counties, out of 8,000-9,000 local calls for help. (That number doesn't include people who tried calling the agency and got a busy signal.) Another 1,000 were able to find assistance through the agency's legal self-help program. But thousands more were turned away.
That should change. While many of the disputes Community Legal Services handles seem minor compared to multimillion dollar lawsuits and high-profile consumer investigations, they can be of crucial importance to the people involved. About 40 percent of the agency's caseload involves family law issues, with housing, consumer, public-benefits and elder law cases making up most of the rest. And when legal aid does get involved in a case, it acts with remarkable efficiency, settling more than 70 percent of its cases without going to court.
The agency counts on federal, state and county governments for funding, but those sources are both inadequate and risky, subject to legislative whims and budget pressures. Community Legal Services also relies on private attorneys who volunteer to take cases "pro bono" -- working for free -- through the Volunteer Lawyer program. But it's not enough to meet the need.
The obvious answer is fundraising, and this month Community Legal Services launched its "Justice For All" campaign. The goal: Raise $1 million and secure commitments for more pro bono services. The campaign targets Volusia and Flagler counties, but could spread across the other 10 counties in the area if it's a success here.
Fundraising isn't a perfect solution. In a perfect world, Community Legal Services would be fully funded by lawmakers who see the benefits of a justice system that's fair to all, regardless of income. Reality falls short of that goal -- but the local communities can, and should, help make up the difference.
(January 10, 2008)
Free legal aid's within reach for all in need -- with your help
Originally appeared on News-Journal Online at
http://www.news-journalonline.com
By RHODA BESS GOODSON
COMMUNITY VOICES
Imagine this scene: A young woman learns her former husband is sexually abusing their 3-year-old son during his parental visits. She doesn't know where to turn and
can't afford to hire an attorney.
In case after case, people in situations like hers turn to Community Legal Services of Mid-Florida. Legal Services lawyers help women in this position to obtain protective orders, gain legal custody of their children and stop the abuse. They also help seniors facing foreclosure on their homes, children being denied health care and many others facing disheartening legal problems. For them, access to the legal system bridges the difference between devastation and hope.
That is why we have joined with other leaders in the Volusia and Flagler county legal community to initiate the annual Justice For All Campaign and raise $1 million over the next three years for Community Legal Services. Our Campaign Committee includes representatives of the area's largest law firms, major corporations and other distinguished members of the legal community. In addition to raising critically needed funds, members of this campaign are also leading efforts to educate our lawmakers, other lawyers and our fellow citizens about how we can all support Community Legal Services and, in doing so, strengthen both this vital safety net and our community.
The nonprofit organization provides free legal assistance to children, the working poor, the disabled, the elderly and others living in poverty. Last year in Central Florida, more than 6,000 people were helped. In the Volusia and Flagler area alone, our Community Legal Services handled 3,243 cases, preventing homelessness, stopping domestic violence, ensuring access to benefits and more.
We became involved in this campaign because of the dire circumstances facing legal aid clients. Paying legal fees is far beyond their reach. Community Legal Services of Mid-Florida is their only recourse if they face an illegal eviction or the "domino effect" caused by the purchase of a used car that turns out to be a lemon, making it impossible to get to work or arrange child care.
By law, Community Legal Services serves only low-income people, seniors and victims of domestic violence. In the Volusia and Flagler county area, more than 110,000 people fall below this threshold. Unfortunately, Community Legal Services lacks the resources necessary to meet this extraordinary and increasing demand in our community.
As lawyers, we know how critical it is for our fellow citizens to understand that access to our justice system is critical to the well-being of our community as a whole. To have a legal right means little if one is unable to protect or enforce that right. Individuals who cannot pay a lawyer are guaranteed counsel only in the criminal system. Community Legal Services steps into this void, performing a vital service to needy individuals and to the community.
In addition to providing experienced lawyers, the organization eases pressure on an overburdened court system by resolving more than 70 percent of its cases without going to court. In a democratic society, the protections of the law must be available to all. If access to justice is denied to some, it diminishes what it means for any of us to be a citizen.
Goodson is a partner with Cobb & Cole law firm in Daytona Beach and a Community Legal Services of Mid-Florida board member.
