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Kelly: Protecting tenants from wrongful eviction

Kelly: Protecting tenants from wrongful eviction

When banks foreclose on homes that owners are renting to tenants, they are required to follow certain procedures to protect tenants who find themselves facing homelessness due to the foreclosure. ABLE represented Kelly, who was renting a home for herself and her children when the owner went into foreclosure. The bank did not follow the law requiring it to name tenants in foreclosure cases in addition to the homeowners.

The purpose is to give notice to the tenants of the impending foreclosure and possible loss of housing. With notice, tenants also have an opportunity to negotiate to stay in a home. Instead of following the law, the bank completed the foreclosure with no notice to the family and threw away their belongings without filing an eviction or providing any formal notice that it would dispose of the family's clothing, toys, furniture, and other belongings.

Kelly was able to reach a settlement that will cover the value of the belongings she would not have had the money to replace after ABLE filed suit against the bank on her behalf and received a favorable ruling from the court.


About the author

Advocates for Basic Legal Equality

Advocates for Basic Legal Equality, Inc. (ABLE) is a non-profit regional law firm that provides high quality legal assistance in civil matters to help eligible low-income individuals and groups in western Ohio achieve self reliance, and equal justice and economic opportunity.