601:630. DIRECTED PRACTICUM - MORTGAGE FORECLOSURE PROJECT (2) S
Permission of Clinical Faculty Supervisor and Vice Dean required
Prerequisites: 56 credits toward graduation. Students must be in good academic standing and have already taken Professional Responsibility or be taking the course concurrently.
Students, working in a team of two, will provide legal assistance, and in some cases legal representation, to homeowners at risk of losing their home in foreclosure. Students will learn interviewing, counseling, advocacy and negotiation skills, along with substantive and procedural law relevant to mortgage foreclosure and foreclosure mediation, in the context of their casework.
All students will have the opportunity to interview clients. The exact nature of other work each student may perform will depend on the specific cases assigned but might include:
Interviewing a client to determine legal issue(s) and question(s), performing legal research, analyzing the facts in light of the law, preparing a memo and counseling the client based on the research and analysis;
Representing a client seeking to have a sheriff’s sale postponed so that they can modify their mortgage and prevent foreclosure;
Preparing an application for court-ordered mortgage modification mediation and representing that client at mediation;
Assisting a client seeking to modify their mortgage and negotiating with the mortgage company and/or loan servicing company for mortgage modification.
Casework will require students to perform a number of tasks, including:
Legal research and fact investigation;
Interviewing and counseling clients;
Drafting documents such as letters to clients, interview plans, interview memos, counseling plans and memos, phone call memos, and possibly pleadings and briefs;
Considering and addressing any ethical issues that may arise in a matter;
Properly documenting all work done on the case and properly maintaining both the physical file and the electronic file.
In all of their casework, students will be closely supervised by the professor who will meet regularly with the case team and provide both guidance and feedback to students. Students must be available to meet with the professor for weekly case team meetings during the week and with their partner weekly at a mutually agreed-upon time. Students must also be available to meet with their clients as needed; depending on client availability (many work), client meetings may need to take place during regular business hours or during evening or weekend hours.