MPLP Newsletter - Winter 2009 — Michigan Poverty Law Program

Michigan Foreclosure Prevention Project: A New Statewide Project

Michigan Foreclosure Prevention Project is a collaborative statewide project involving several legal services programs. The Project will be comprised of attorneys from 7 major legal services programs who will work as a statewide foreclosure prevention unit. The goal of the Project is to provide comprehensive and coordinated foreclosure prevention advocacy throughout the state by 1) providing direct legal representation to homeowners facing foreclosure, 2) providing support to housing counseling organizations, 3) coordinating policy advocacy on a statewide basis, and 4) providing training and technical support. The National Consumer Law Center (NCLC) will provide training and advocacy assistance.

The Project will have the following four components:

National Training and Technical Support - provided by the National Consumer Law Center (NCLC)
Statewide Support and Coordination of Advocacy - provided by Michigan Poverty Law Program (MPLP)
Direct Legal Representation - provided by MI Legal Services Programs Foreclosure Prevention Attorneys (and MPLP Statewide Foreclosure Prevention Attorney)
Support to Housing Counselors - work with the Michigan Foreclosure Task Force to develop working relationships between housing counseling organizations and local legal services programs.

The Michigan Legal Services Programs participating in this Project are:

	Legal Aid and Defender Association Legal Aid of Western Michigan Legal Services of Eastern Michigan Legal Services of Northern Michigan Legal Services of South Central Michigan Michigan Legal Services Michigan Poverty Law Program

Other Collaborating Organizations are: Michigan Foreclosure Task Force (convened by Community Economic Development Association of Michigan (CEDAM)) and Lakeshore Legal Aid/Counsel and Advocacy Law Line.

The Project is funded by the Michigan State Bar Foundation and the Ford Foundation.

Mortgage Foreclosure Training: February 11 & 12, 2009

What:		Mortgage Foreclosure Prevention Training

When:		February 11 - 12, 2009

Where:		Sheraton in Novi

Who Should Attend:		Legal Services Attorneys, Housing Counselors, and Private Attorneys Who Are Interested in Providing Pro Bono Assistance or Representation to Homeowners Facing Foreclosures.

Information is available on the MPLP website http://www.mplp.org

I-CAN! EITC Has Begun

As many of you know, I-CAN! E-File was created by the Legal Aid Society of Orange County (California) to allow individuals to file their taxes and claim Earned Income Tax Credit (EITC) online, for free! You can also claim the Michigan Home Heating and Homestead Property Tax Credits using I-CAN! E-File. I-CAN! E-file allows individuals to file their Federal and Michigan taxes. The program is written at a 5^th grade literacy level and can be accessed in English or in Spanish.

Unfortunately, it is estimated that as many as 25% of eligible workers fail to claim the EITC. Please help us spread the word about the EITC and I-CAN! E-File so that all eligible workers can access this credit.

For 2008, low income wage earners can receive the following amounts in Federal EITC:

Families with one child who earn less than $33,995 in 2008 (or less than $36, 995 for married workers) are eligible for a credit of up to $2,917;

Families with two or more children who earn less than $38,646 in 2008 (or less than $41,646 for married workers) are eligible for a credit of up to $4,824;

Workers without a qualifying child who earn less than $12,880 in 2008 (or less than $15,880 for married workers) are eligible for a credit of up to $438.

In addition to the Federal EITC, we now have a Michigan EITC that is a piggyback credit equal to 10% of the Federal credit.

Anyone, regardless of income, is eligible to use I-CAN! E-file. The launch date for this year's I-CAN! E-File program is January 15, 2009.

We are continuing to partner with the Michigan Credit Union League and nearly 100 credit unions across the state will be letting their members know about EITC and I-CAN! E-file.

If you have any questions please let me know. You can also get additional information at michiganeic.org

by Gayle Rosen

Consumer Law - Articles by Lorray S. C. Brown, MPLP Consumer Law Attorney

Case Summaries

Payday Lenders Prohibited From Seeking Treble Damages for Nonsufficient Funds (NSF) Checks Given By Their Customers

Predatory Lending Is Not Recognized As An Independent Tort Claim Under Michigan Law

Bill to Amend the Michigan Consumer Protection Act Reported With Recommendation from Committee

Michigan’s New Foreclosure Law

New Garnishment Rule Protects Low-Income Consumers From Wrongful Garnishment

Emotional Damages Permitted for Violations of the Federal Real Estate Settlement Procedures Act

Issue Alert

Elder Law - Articles by Alison Hirschel, MPLP Elder Law Attorney