PLEASE CONTACT CDEL TODAY IF YOU WOULD LIKE TO ASSIST WITH ONE OF THE FOLLOWING LEGAL MATTERS.
CDEL offers volunteer attorneys of all experience levels:
Financial Matters:
*URGENT* Collections (10-0737A): Candidate, 88, reports that she co-signed a car loan for her son two years ago without knowing what she was signing. The purchase contract shows that she was the only buyer. After son stopped making payments and disappeared, she allowed the car to be repossessed and sold, and is now being sued for the deficiency of $7,246.85. Candidate was served with a summons and complaint. (DV-3)
Consumer Fraud/Foreclosure (10-0691D): Candidate purchased his home in 1994 and has since resided there. In July 2009, candidate’s mortgagor denied candidate a loan modification based on his application before he completed the application for review. Then in August 2009, candidate’s home was sold pursuant to a mortgage foreclosure. To the best of our knowledge, no action of foreclosure against the candidate has been completed. Candidate did not learn that his home had been sold until October 2009. Candidate is still living in the sold home and needs legal assistance in regaining title to his home. (AG-4)
Real Estate Matters:
*URGENT* Real Estate/Probate (10-1199D): Candidate, 55, has diabetes, and lives in a house that her father owned prior to his death in 2007. Real Estate Taxes for tax year 2005 were allegedly unpaid and were sold for back taxes. Candidate disputes that there were any unpaid taxes. Candidate was notified of the sale, but the redemption period has expired. Candidate has a court date on September 8, 2010 for a final Petition for Tax Deed. Candidate would like assistance to open probate, have the property placed in her name and attempt to resolve the situation. (RT-1)
*URGENT* Elder Financial Abuse/Real Estate (10-0994A): Candidate, 64, had an oral agreement with daughter and son-in-law where daughter and son-in-law would rent out Candidate’s townhouse to Section 8 tenants and Candidate would rent their condo. The Candidate was to receive 90% of the rental income to put toward her retirement with the remaining 10% going to her daughter and son-in-law. Daughter and son-in-law fraudulently induced Candidate to sign over title to the townhouse. Candidate filed a pro se lawsuit and later obtained an attorney. However, Candidate could no longer afford the attorney, so the attorney withdrew. A status hearing is set for September 1st where a trial date will be set. (DW-2)
*URGENT* Foreclosure (10-0972A): Candidate, 79, added her son to her house deed in June 2002 so that her son could take out home equity loans to pay off his debts. The son has since used up all of the equity in the house and has stopped paying the mortgage payments. A partition suit by candidate’s son against candidate is currently on hold during foreclosure action. Plaintiff bank filed a default complaint in May 2010; candidate answered in June, 2010, and the plaintiff has not yet responded. (BW-2)
Foreclosure (10-0039A): Client, 56, has been a client at CDEL since 2007. Client inherited a house from her mother and step-father. Property is in foreclosure. The foreclosure has been temporarily suspended, but the law firm for the foreclosure has recently filed documents with the court that indicate they may be proceeding. (BA-2)
Real Estate (10-0764D): Candidate, 59, owns and lives in a mobile home and has at least three issues with her mobile home park management. First, management insists that candidate owes $2,000.00 for a judgment against candidate’s brother, which brother has paid. Management placed candidate’s home online for future sale and suggested candidate exchange the title of her home for the clearing of her $2,000.00 debt. In April 2010 candidate was served as an unknown party and was evicted from a friend’s mobile home, where she had been living. After candidate’s belongings were collected under police supervision, management physically prevented candidate from taking her belongings with her and now refuses to return them in addition to other belongings taken from candidate’s shed at her own mobile home. Finally, candidate’s home was vandalized and many of its fixtures were damaged. Candidate has incurred the costs of repair and suspects that management was involved. (DB-3)
Foreclosure (10-0434D): Candidate, 59, received the deed to his home from a family trust following the death of his mother. Candidate has been unable to pay his mortgage with lender and also has a second mortgage with a private party. He now believes that he will be able to resume payment with his SSI and the help of a roommate. However, candidate’s home is in the early stages of foreclosure and he is need of legal representation. To the best of our knowledge, the next court date has not yet been set. (GP-2)
Real Estate Fraud (10-0581A): Candidate, 71, has been sued for eviction by a major bank. Candidate’s spouse was granted title to a property through a “receivership”, but it was apparently a fraudulent transaction. According to research, the receivership company allegedly forged a deed and a “land patent” conveying the property from the bank (that had previously foreclosed on the property owned by another person) to the receivership company. The company then conveyed the property to Candidate and spouse. Candidate then moved into the property and proceeded to undertake improvements to the property, including installing a new furnace. The owner of the “receivership” company, United States Receivers Caretakers Association, has recently been arrested for fraud. Candidate was involved in an eviction proceeding with the bank that previously foreclosed on the property, but the eviction has apparently been dismissed (CDEL is awaiting confirmation of this). Candidate also filed a quiet title action pro se against the bank to determine the true owner of the property. (CJ-4)
Will/Probate:
Probate (10-0547D): Candidate’s mother died intestate in 1996, leaving Candidate, his two siblings, and now deceased step-father as heirs. Step-sister, who was not an heir but whose father was married to Candidate’s mother, filed to be Supervised Administrator of the candidate’s mother’s Estate and was appointed as such. Candidate’s residential property is at issue; however, only his deceased mother’s name appears on property deed. (GP-4)
Employment:
Employment (10-0762A): Candidate is a 62 year old woman who has filed an age discrimination claim with the United States Equal Employment Opportunity Commission (EEOC) against her former employer, a major local title company. Candidate had worked there for ten years before being laid off in September 2008. She claims that three other people over the age of 60 were also laid off, while her counterparts under the age of 40 kept their jobs. (HJ-2)