Our winter heating bill assistance program was a great success in 2011.  During the winter program we met the perfect candidate for the weatherproofing & heat/air upfit program 2012.

Program Recipient

Ms. Freeman owns her home in Iva, South Carolina.  Her electric bill for December 2011, January and February 2012 was over $250.00 or more each month for an 1800 sq. ft. home!  This is 1/4 of Ms. Freeman’s Social Security income, which makes meeting her other needs in the winter very difficult! Ms. Freeman agreed to partake in our program and to be featured for our Summer 2012 fundraising.  We already have a great start due to Longbranch Baptist’s $500.00 donation.  Thank you Longbranch!

Mary Freeman Utility Bill

After reviewing Ms. Freeman’s utility bill we determined that her price per kilowatt hour, of .13, was within the normal range and it was clear that her bill spiked in the winter months when she needed to heat the home.

We contacted Reid Hipp with Energy Logic and he agreed to perform a complimentary energy audit on Ms. Freeman’s home!

Pictures of the Audit:

What did we learn?

First we learned that Ms. Freeman’s home was weatherproofed in 2008 by Share and that they did a great job!  SO WHY ARE HER HEATING BILLS SO HIGH?

1. Ms. Freeman’s heating unit is a radiant unit that was installed in her attic in 1970.
2. When the home was weatherized in 2008, insulation was blown into the attic.  Ms. Freeman reports that the heating bill actually went up after this.
3. POSSIBLE: The unit is so old or has been damaged and is malfunctioning.  The result is that it is pulling more electricity than it was designed to.
4. POSSIBLE: The insulation inhibits the radiant heat from the attic.
5. POSSIBLE SOLUTION: New, efficient heating appliances in the living area that adequately replace the need for the old unit.
6. Also, a little more insulation in the living area may be helpful.

Below are a few of the heating appliances we will be assessing for Ms. Freeman’s home.  We will track the heating bill through the winter.  Our goal is to reduce Ms. Freeman’s bill to $170 or below for all winter months.

http://www.dyson.com/store/productFan.asp?product=AM04-WHSIL#BVReviewsContainer

http://www.electricfireplacesdirect.com/duraflame-power-heat?gclid=CJqs8rSojbACFYmR7Qodnhl1qQ

http://econo-heat.com/us/products/eheater-wall-panel-heater/

Fresh Start SC plans to provide instruction for start-up entrepreneurs in the following areas:

• Corporate forms, licenses, and tax pitfalls
• Do it yourself, domain and web-site management
• Online tools for scheduling, content, and workflow management
• Why use a tool like Quickbooks ?

Upcoming Enrollment: Do it yourself, domain and web-site management

Classes will be held the second and third Saturday of the month.

Class requires (4) persons be enrolled before final scheduling.

Sponsorship of Community Garden 2012

Fresh Start SC is planning multiple fundraising events this year!
We are reaching out to the Greenville Community to raise awareness of our charitable purpose and to build sustainability through community relationships.  We are proud of our sponsorship of a new community garden in downtown Greenville!  Read more at the links below!

Click Here for Press Release

Click Here for Video

Click Here for Video

Greenwood County

http://www.heritagecompany.com/

Property Manager “Jody” – Minimum of 500 credit score; contact landlord; security deposit equals rent; $65  - $100 average electicity cost.

http://www.greenwoodrentalagency.com/listings.php

Spartanburg County

http://www.apartmenthomeliving.com/apartment_finder/CommunityVideos.aspx?property_id=181956

http://www.apartmentguide.com/apartments/South-Carolina/Spartanburg/Hunt-Club/73649/

Food drive, coat/blanket drive,
heating bill assistance fundraiser.

Community Silent Auction Starting: November 15th, 2011
Festival: December
9^th Dessert Tasting; 10^th Family Festival Day, 12^th Football Fish Fry

Art & Business Services Silent Auction
Silent Auction
Performances
Art Make & Take
Karaoke & Dancing
Games & Contests
Commercial / Jingle Contest
Prizes!

A special thank you to

How can you help?

All donations are tax deductible as donations to a public charity.
Click Here for Verification.

Are you a local business, church, or other local organization?
We invite all of our neighbors to help us keep the heat on this winter!
Please donate services, food, blankets, funding, or volunteers!  All are welcome!

Coordinators as of Oct. 11, 2011:
Small Change Auto Detailing
Longbranch Baptist
Enoree Baptist
Upstate Visual Arts
Fresh Start SC
Rhino Concessions

South Carolina Legal Services, Greenville Office
Toll Free: 800.763.4825
Phone: 864.679.3232

Please contact the SCLS office location near you today.

Find a SCLS Location

Five Dollar credit counseling is available at : http://www.consumerbankruptcycounseling.info/

 
Free credit counseling is available for some low-income individuals (income at less $1,050.00 per month).

Click here for free credit counseling. DO NOT PAY THIS COMPANY $50.

If you are facing residential foreclosure, in South Carolina, right now you have options before bankruptcy and in bankruptcy.

IN BANKRUPTCY you can seek home mortgage modification under the Home Affordable Program and actions against your home are suspended by the automatic stay.  However, the bankruptcy court cannot order banks to rework home mortgages, however, there is pressure from Congress on banks to work with debtors to make home mortgages more manageable.  Read about Home Affordable Modification Programs here.  Please aldo spend a moment at the following site.  http://makinghomeaffordable.gov

WHEN YOU NEGOTIATE YOUR MORTGAGE IN BANKRUPTCY, court approval is required.  Your attorney can provide the court with a consent order to modify your home mortgage that reflects an agreement between you and your bank.  The court willl approve of the order if the order provides the following:

• There is no extension of additional funds beyond what is already owed;
• Payments to other lien holders under the plan will not be affected;
• The proposed modification has no detrimental effect on other creditors;
• The proposal is in the best interest of the debtor and the estate; and
• Whether payment to the creditor will continue or terminate.

BEFORE BANKRUPTCY.   There are defenses and counterclaims that can slow down the foreclosure action.  If income can be established during the slow down, the home can be saved.  See this presentation from South Carolina Legal Services:

http://www.scconsumer.gov/licensing/credit_counseling/Foreclosures%20in%20South%20Carolina.pdf

Defenses, e.g., Failure of Notice of Default and Intent to Accelerate; No HUD Counseling Notice (National Housing Act, 12 U.S.C. 1701x(c)(5)); Failure to Comply With Statutory and Contractual Condition Precedent to Foreclosure (failure to comply with the federal regulations); Failure to Comply With Applicable Pooling and Servicing Agreement Loan Servicing Requirements (filed with the Securities and Exchange Commission);  Illegal Charges Added to Balance; Failure of Good Faith and Fair Dealing; Unclean Hands / Estoppel; Failure to State a Cause of Action; Plaintiff Does Not Have Standing, Plaintiff is not a Real Party in Interest;

Additionally, South Carolina requires some banks to attempt a loan modification.  See this Article for a complete discussion.
For more in-depth information see the following: 2009-05-22-01

The Home Affordable Refinance Program and the Home Affordable Modification Program offer options for home owners suffering the effects of abusive lending.

The Refinance program applies to loans owned by Freddie Mae and Fanni Mac.
Participants in the Modification program may be found by clicking here. To reduce your monthly payments you must make sure that your lender offers a reduced rate, a longer payment term, or/and a reduction in the principal.

Other important information, for example the monthly payments, interests, taxes and insurance cannot be greater than 31% of your gross monthy income; the interest rate may be reduced to 2%; the interest may be fixed permanently; the term may be extended to 40 years; and the principal may be deferred is available by clicking here.

In South Carolina Administrative Order 2009-22-01-1 will also allow an individual in foreclosure to challenge its lender’s assertion that the Home Affordable program does not require a modification in his or her foreclosure case.

Sources:  ,

Katie McElveen; Richardson, Patrick; Westbrook & Brickman, LLC, Mt. Pleasant; Mark Fessler; S.C. Legal Services, Greenville, Foreclosures and Loan Modifications: Stopping the Flood After the Storm, 2 South Carolina Young Lawyer 10 (Feb. 2010).  See also

http://www.freddiemac.com/news/pdf/interventions_in_mortgage_default.pdf;https://www.hmpadmin.com//portal/programs/directives.html.

Other possible remedies suggested in the South Carolina Young Lawyer: Truth in Lending Act, the Real Estate Settlement Procedures Act, the South Carolina Unfair Trade Practices Act, the South Carolina Consumer Protection Code, breach of contract and the implied coventant of good faith and fair dealing, fraudulent omissions, fraudulent concealment, etc.

Any attorney representing a debtor in a case under this title, or in connection with such a case, whether or not such attorney applies for compensation under this title, shall file with the court a statement of the compensation paid or agreed to be paid, if such payment or agreement was made after one year before the date of the filing of the petition, for services rendered or to be rendered in contemplation of or in connection with the case by such attorney, and the source of such compensation.”  11 USC § 329“

 (4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for—

(i) unnecessary duplication of services; or
(ii) services that were not—

(I) reasonably likely to benefit the debtor’s estate; or
(II) necessary to the administration of the case.  11 USC § 330 (4)(A)“

Employing Other Professionals: Motion-to-Employ-In-re-Overstreet-07-05397-jw

Rule 7000, et. seq.

An adversary proceeding is governed by the rules of this Part VII. It is a proceeding

(1) to recover money or property, except a proceeding to compel the debtor to deliver property to the trustee, or a proceeding under § 554(b) or § 725 of the Code, Rule 2017, or Rule 6002,

(2) to determine the validity, priority, or extent of a lien or other interest in property, other than a proceeding under Rule 4003(d),

(3) to obtain approval pursuant to § 363(h) for the sale of both the interest of the estate and of a co-owner in property,

(4) to object to or revoke a discharge,

(5) to revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan,

(6) to determine the dischargeability of a debt,

(7) to obtain an injunction or other equitable relief,

(8) to subordinate any allowed claim or interest, except when subordination is provided in a chapter 9, 11, 12, or 13 plan,

(9) to obtain a declaratory judgment relating to any of the foregoing, or

(10) to determine a claim or cause of action removed pursuant to 28 U.S.C. § 1452.”

Class Action Against Clayton Homes for Fraudulent Charges
Removed to District Court (not Bankruptcy Court) but remanded back to state court.