Harvard students to protect the rights of low-income tenants and homeowners.
“In order to get families out quickly, some real estate agents try to intimidate [them], and others take shortcuts in the hope that tenants don’t know their rights,” Mares said. “Just because the bank [foreclosing on the property] wants you out doesn’t mean you have to leave. You can enforce your rights against the banks.”
Banks that take over buildings after foreclosure often don’t pay the water bills and other utilities, Mares said, and tenants should be informed by the bank if any of their utilities are being shut off so the bank will pay the outstanding bills. Tenants should also know that utility companies generally will not shut off utilities if they are informed that the tenant’s building was foreclosed.
Mattapan resident Virginia Gray came to Mares in October when she learned that her building was in foreclosure. Because U.S. Bank National Association failed to pay the building’s water bill, Gray’s water service was scheduled to be terminated. Mares and his colleagues at the WilmerHale Legal Services Center were able to help Gray avoid having her water shut off.
The center also helped Gray fill out the necessary answer and discovery forms and a motion to dismiss so that she could defend herself in the case the bank brought to force her out of her home. The bank eventually dismissed the case because they realized that her tenancy was not properly terminated.
“I am not well, and the case caused a lot of stress for me,” said Gray. “I am comfortable where I live, and I am glad I didn’t have to move.”
In the guide, the authors recommend that tenants take part in grassroots organizing efforts with others also going through foreclosure, saying that solidarity and a “strength in numbers” approach can create more victories in saving homes.
One anecdote in the guide tells of a Dorchester homeowner who was able to avoid eviction earlier this year, even after her bank had foreclosed on her home and she was making plans to move out. A local tenant association she joined threatened to block the entrance to her home to prevent a bank representative from evicting her, and the bad publicity from the threat led the bank to back off its eviction plans.
While there are many reasons for properties to enter foreclosure, some of which are beyond homeowners’ and renters’ control, Gray says there are ways for some to become advocates on their own behalf and work on the factors they can control.
“If more people knew their rights, a lot of them could save their homes,” said Gray.
The free online guide is available at www.masslegalhelp.org/housing/foreclosures.
