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Mission:
This committee’s objective
is to serve the real property needs of low-income citizens
and to educate the general public on common real property
law issues. The committee initiates and facilitates pro
bono activities through which Section members may contribute
to their local communities. Within the context of local,
regional and national real estate related projects sponsored
by community service organizations, the committee provides
and coordinates the services of attorneys. In addition
to valuable contributions to their local communities,
attorneys' participation in such projects fosters respect
and positive community recognition for solo practices,
firms and the legal profession as a whole. The committee's
first project involves working with Habitat for Humanity
International to provide and coordinate volunteer attorneys
to serve the legal needs of the organization at local
(affiliate) and national levels.
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the Chair and Vice Chair:
Committee
Leadership
Questions about this
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Contact Rob
King, Technology Manager (312) 988-5540.
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Counseling Homebuyers
Spring Symposium Presentation:
Esther F. Lardent of Georgetown University Law Center,
Pro Bono Institute, presented "Making
the Business Case for Pro Bono" at the RPTE
Spring Symposium in Washington, D.C. as part of
the Practice Management Group Program, "Hot
Tips for Managing Your Practice," on Thursday,
April 28.
The program included sixty minutes of CLE-Ethics.
It covered how pro bono legal work can benefit your
practice, provide opportunities for you to engage more
effectively with your local communities and enhance your
bottom line.
Predatory Lending:
From the Comptroller of the Currency: 
Link to an issue of Fannie Mae Foundation's
"Housing Policy Debate",
dealing exclusively with Predatory Lending.
EQUAL JUSTICE
CONFERENCE – MAY 2005
At the ABA/NLADA 2005 Equal Justice Conference in Austin, Texas in May, the ABA RPTE B-4 Pro Bono Committee, Legal Aid Society of Minneapolis and the Volunteer Lawyers Network of Minnesota presented a workshop entitled "Pro Bono and Legal Services Partnering to Combat Predatory Foreclosure Practices." The workshop was based upon the efforts of the RPTE Pro Bono Committee's Predatory Lending Subcommittee to develop initiatives to counsel consumers on how to avoid predatory loans. Nancy Sagstetter, paralegal with Faegre & Benson, discussed Minnesota’s Don’t Borrow Trouble Campaign and demonstrated proprietary software that housing counselors can use to identify loans that are likely predatory.
Brad Thorsen, Executive Director of the Volunteer Lawyers Network of Minnesota, Amber Hawkins of the Legal Aid Society of Minneapolis, and David Galle, associate at Oppenheimer, Wolff & Donnelly, discussed legal aid lawyers partnering with the private bar to represent defrauded homeowners in cases involving "equity skimming," a practice in which homeowners facing foreclosure deed their homes to investors who charge an investment fee, depriving them of their homes and all home equity.
Brad, Amber and David work on these cases pro bono with Daniel Tyson, partner at Oppenheimer, Wolff & Donnelly and a member of the RPTE Pro Bono Committee. Professor Gregory Duhl of the Southern Illinois University School of Law, Pro Bono Committee member, addressed the efforts of the Subcommittee to fight predatory lending by designing materials to train counselors to advise borrowers on predatory loans, developing a pilot program at law schools and in legal communities to counsel low-income borrowers, proposing model legislation to require pre-loan counseling and to prevent predatory foreclosure practices, publishing materials on legal strategies to stop “equity stripping” and planning a workshop to educate the private bar on how to get involved in predatory lending cases. If you are interested in participating in the Subcommittee's work should contact Gregory Duhl at gduhl@law.siu.edu or Carol Ann Martinelli, Pro Bono Committee Chair, at cmart26@attglobal.net.
ABA Model Rule
6.1
"Voluntary Pro Bono Publico Service"
provides a good guideline for the fulfillment of an attorney's
professional responsibility to provide legal services to
persons of limited means.
http://www.abanet.org/legalservices/probono/rule61.html
Ideas for Real
Estate Pro Bono
Information provided by the following Legal
Services/Pro Bono Resource Guide issued by the
National Center for State Courts may be of assistance in
formulating ideas for real estate related pro bono projects
in your communities.
http://www.ncsconline.org/WC/Education/KIS_ProBonoGuide.pdf
ABA Standing Committee
on Pro Bono and Public Service NEWS:
http://www.abanet.org/legalservices/probono/home.html
Legal Services
Corporation NEWS:
http://www.abanet.org/poladv/priorities/legal_services.html
Resources:
Model Law School Independent Study Course/Clinical
Program focusing on 'Non-Profit Real Estate Transactions'
and Habitat for Humanity (8/13/04)
Introduce law schools to the benefits of learning residential
real estate transactional law in a practical setting
while serving HFH. A model
independent study course is available for
your reference courtesy of Rhonda Chung-de Cambre, Pro
Bono Committee member, who has kindly shared the course
materials she and several other University of Florida
Levin College of Law students (now attorneys) designed
several years ago. Law students, communities and HFH
benefit from the interaction provided in such a clinical
course context.
Pro-Bono Committee CLE
Programs and Articles:
Become a Hero to a Family in Need: Predatory
Lenders Beware
By Debra Pogrund Stark
Web
Page (login required) -- PDF
(login required)
Affordable Housing Program at Spring 04 Meeting
Committee Vice Chair Debra Stark was on
a panel which presented,
"Barriers to Affordable Housing-An Update"
at the Spring Symposia in Seattle, May 12-14.
Synopsis: This program
provided an update on the developments affecting the availability
of affordable housing in the United States. The panel
discussion focused on legal strategies, development and
financing issues. Legal issues included environmental
issues and how to mitigate risk; proposed legislation
and enforcement issues such as compliance with CRA and
anti-predatory lending laws and bond financing issues.
For more details, read the
longer description (.pdf)
Predatory Lending Program
Professionalism For The Real Estate Law Practitioner
By
Peter W. Salsich, Jr. (login required)
From the Fall 2001 Issue of the Real Property, Trust and Estate Journal
Editors’ Synopsis: After developing
a framework for considering professionalism, the author
discusses conflicts that arise when real estate lawyers
attempt to balance their roles. He emphasizes the importance
of educating lawyers, especially through mentoring. The
author then examines lawyers’ commitment to the
community, suggesting ways to implement pro bono service
even through the transactional work of the real estate
lawyer.
Pro-Bono Committee List Serve
Committee Members can send a message to other members
working with habitat for humanity or on predatory lending
projects using the committee List serv. CLICK
THIS LINK to send a message.
Join
this list
Pro-Bono Opportunities
HABITAT FOR HUMANITY PROJECT
We assist HFH Nationwide in
a number of ways - find out how you can help
Combating
Predatory Lending Project
Find out how to
help the committee combat predatory lending (11/24/03)
Donate
Computers to Habitat
Donate Used Computers to Habitat
for Humanity! If your law firm or clients have used computers
that HFH could give to HFH homeowners or HFH affiliate
offices, you can make it a tax deduction.
Educate Your Community On Predatory Lending Law &
Provide Guidance For Predatory Home Loan Counseling
At The John Marshall Law School
in Chicago, Professors Debra Stark and Michael Seng teach
a new course on predatory home lending law focusing upon
the evaluation of home lending documents and counseling
of borrowers about their rights under federal, state and
local laws prohibiting predatory home lending practices.
The model and resources provided by this course are offered
to you here to assist you in developing your own educational
program on predatory lending for your local communities.
PATH (People Advocating Therapeutic Homes) Project
Join the PATH Project coordinated
by Prof. Robert Whitman of the University of Connecticut
School of Law to address the shortage of affordable housing
for persons in recovery. Volunteer work focuses upon zoning
and summary evictions issues.
Breaking New Ground to Help Habitat for Humanity:
Creating Pro Bono Partnerships Between
Law Schools and the Private Bar
By:Debra Pogrund Stark
Professor, The John Marshall Law
School
This article appeared in a special issue of E-Dirt, and
describes how this committee's Habitat for Humanity project
has added new avenues of opportunity for public service.
Debra Stark has created a Habitat for Humanity chapter
at John Marshall Law School in Chicago, creating new ways
for law students and lawyers to work on and add value
to HFH projects in their communities. Please read her
article and think about starting a chapter in your law
school community. (added 2/21)
REAL ESTATE EDUCATION BROCHURES FOR LOCAL COMMUNITIES
You can print or adapt these brochures
for use in your state!
Useful Links: (updated
11/18/04)
Meet Committee Chair Carol
Ann Martinelli in "Profiles in Membership"
from Probate and Property
"A Practioner's Guide to Combating Predatory
Lending"
http://www.lisc.org/resources/2004/06/practitioners_7027.shtml
The above website and the referenced
are made available by LISC. To download the complete Guide
(50 pages) you may have to complete a brief registration
form for LISC, but there is no charge to register.
Habitat for Humanity:
http://www.habitat.org/
HUD predatory lending page:
http://www.hud.gov/offices/hsg/pred/predlend.cfm
Responsible Lending - Resource for predatory lending opponents:
http://www.responsiblelending.org/
Mortgage Bankers Association predatory lending
information page:
http://www.mbaa.org/resources/predlend/
American Bankers Association predatory lending
information page:
http://www.aba.com/Industry+Issues/PredatoryLendingMenu.htm
and lending links:
http://www.aba.com/Consumer+Connection/CNC_pred1.htm
Freddie Mac's predatory lending
page:
http://www.freddiemac.com/corporate/initiatives/protection/predlend.html
FannieMae resources for home owner educators - predatory
lending:
Click
Here
ACORN predatory lending information page:
http://www.acorn.org/index.php?id=75
Arizona AG predatory lending prevention page:
http://www.attorney_general.state.az.us/consumer/Predatory_Lenders_Book.pdf
California Dept. of Real Estate predatory lending prevention
page:
http://www.dre.ca.gov/predatory2.htm
AARP brochure on avoiding predatory lenders:
Click
here
AARP articles on home loans:
http://www.aarp.org/money/consumerprotection/financinghomes/
Federal Reserve Bank brochure on
home mortgages:
http://www.federalreserve.gov/pubs/mortgage/morbro.htm
Federal Agencies' information on the Risky Business of Putting
Your Home on the Loan Line:
http://www.federalreserve.gov/pubs/riskyhomeloans/default.htm
AND
an
accompanying worksheet
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