Protecting Central Florida Consumers Rights Lawyer Bob Murphy

CLSMF provides self-help resources including brochures on Consumers’ Rights. You can find our full list of brochures here.

CLSMF Protects A Homeowner from Eviction

CLSMF’s Fair Lending staff assisted a woman in a foreclosure and Landlord/Tenant eviction after her house was sold and the bank filed an eviction action against her. The client only speaks Spanish and she had a very difficult time when trying to discuss her case with the bank, and as a result she lost her home. Often times she would call and bank employees would hang up or were rude to her because of the language barrier. 

Eugina came to our office when the Sheriff delivered a Writ of Possession to evict her. This was the final hour for our client, who was terrified of being homeless and having her belongings removed and set on the curb. Alicia Magazu, attorney and Fair Housing Program Manager, immediately contacted the attorneys representing the bank and filed an emergency motion to stop the sheriff. The sad truth was, that during the foreclosure and eviction, Eugina made every single one of her monthly mortgage payments to the same bank that took her house. Despite accepting her money, the bank still took her house. Even more unbelievable, the same bank that tried to make her homeless had given Eugina a full loan modification during the foreclosure action, so she had a valid contract to remain in the home. Because of the quick legal response by CLSMF, the bank dismissed the foreclosure case and stopped the sheriff from making Eugina homeless. Unbelievably, as if it could not get worse for our client, the bank arbitrarily stopped accepting the client’s payments. In conjunction with a private attorney in Fort Lauderdale, CLSMF has filed a lawsuit against the bank for its bad acts. Many major banking and financial institutions have very poor procedures in place for non-English speaking borrowers, and this bank seemed to be no different. The language barrier could have played a role on how the bank handled Eugina’s modification and why she ended up losing her house in the foreclosure sale even though she was current with her payments. Thanks to CLSMF advocates, Eugina remains safely in her home.

Justice Matters to Staff Attorney, Andrea Mosley

​ When asked why Andrea chose to pursue civil legal aid as her career path, she shares her motivation and reason for her passion lies with her upbringing. When she was a kid, her parents lost their home to foreclosure. Her father hurt his back and couldn’t work his well paying, but physically demanding job at the regional grocery store. His job loss resulted in the loss of their home. During those days, the mortgage company posted a big sign at the home which stated the house was in foreclosure. Andrea remembers sitting at her front window and watching people walk by her house and point.

Andrea’s parents, Andrea and her baby brother had to move into one room in her grandmother’s apartment. Her grandmother lived in public housing. There was no control for the heater and it was hot all the time. The hallways smelled like urine and she hated every minute of it. Andrea’s parents worked two and three jobs, with no car. Eventually they moved into their own apartment and then another house. Her mother worked and earned her college degree. One of her father’s jobs was mopping floors in a fast food restaurant. He told her years later that he didn’t have the luxury of self-pity or being “too good” for a job. He had kids to feed.

That is the reason why Andrea will do everything she can to help but she won’t coddle clients. Andrea shares, “I will help you, help yourself. And that is also why I do what I do. I’ve been there. I don’t have to empathize or imagine. I know. My parents needed help they couldn’t afford it. I know legal aid organizations make all the difference for people who need help but can’t afford to pay for it. I believe I was always meant to work in civil legal aid”.

Read Andrea’s full story here

Bankruptcy and Student Loans Student loans continue to pose a serious problem for many Central Floridians who cannot afford repayment, have attended “sham schools,” or have other reasons for not owing the debt. While not impossible, the legal standard used for discharging student loans in bankruptcy is very high and therefore can be difficult. One must show that that payment of the debt “will impose an undue hardship on you and your dependents.”Read more here

CLSMF Partners with FAMU Law School CLSMF is excited about partnering with FAMU Law School in conducting The Bankruptcy Clinic starting in early January. Kimberly Sanchez, CLSMF’s Advocacy Director and Deputy Director will be providing the leadership and hands on legal experience to students and expose them to the kinds of lawyers, law, and practice critical to shaping the way they think about the provision of legal services. The Bankruptcy Clinic at Florida A&M School of Law offers pro bono legal services to low-income individuals who are considering filing bankruptcy. The classroom component examines bankruptcy law practice and includes instruction in the necessary legal skills and knowledge involved in federal bankruptcy law practice, such as client interviewing, legal analysis, drafting legal documents, arguing motions, professional responsibility, time keeping and various other practice issues. Students participate in “case review” where they share developments and issues in their cases. A discussion of different cases exposes the students to numerous legal, ethical and practice issues. The clinic allows the students to obtain practical lawyering skills before graduation.

Scare Tactics and Fraudulent Selling Practices That Prey on Consumers

“Fears about the purity of our water have increased dramatically in recent years, leading consumers to worry about the safety of their drinking water. News reports of leaking landfills, corroding lead pipes and deterioration of gasoline storage tanks have painted a gloomy picture of toxic wastes, pesticides and other chemicals seeping into both well and municipal water supplies. Although some contaminants have been found in some water supplies, most households using water from public sources should have few concerns. Predictably, some unscrupulous salespeople prey upon concerned consumers by using scare tactics and fraudulent practices to sell their water treatment devices.” Read the full article