Oakland Tenant Walks Away With $4K Settlement, Over A Year Of Free Rent In Battle Against Lender & Its Illegal Foreclosure Eviction Attempt

In Oakland, California, Beyond Chron reports the story of one tenant's battle against a foreclosing mortgage lender and its attempt to carry out an illegal eviction, despite the city's Just Cause Ordinance, which, with exceptions, prohibits a lender from doing so. He ultimately sought out the assistance of the local non-profit law firm Eviction Defense Center to fight the lender:

• [H]ughs said that his experience with the Center was user-friendly, unlike the rest of the legal system; he paid $40 for a consultation and to file papers, and it cost him $90 to go to court. Considering all the money he was saving while on rent strike, the minimal fees seemed worth it. Hughs first approached the Eviction Defense Center on Nov. 20, 2008. The Center filed a demand for a jury trial, and on Feb. 6 they represented him at a court appearance. A week later, Hughs got his settlement: After a year and a half of maintaining his home and living rent-free, he promised to leave the property within 30 days in exchange for $4,000.

For the story, see Oakland Resident Squats Bank-Owned Home.

(1) Reportedly, the Eviction Defense Center does not represent prior owners who have been foreclosed on, only tenants, who are protected by Oakland’s Just Cause Ordinance. According to executive director Anne Omura, many attorneys who represent banks are from out of county and are unfamiliar with local laws, the story states. When they do know the laws, they reportedly try to circumvent them. Numerous real estate agents and law firms are said to be on watch lists for continually filing lawsuits with no legal merit. Or for using intimidation. “Banks hire aggressive and often times unscrupulous agents who will bang on the door and threaten [tenants],” Omura said, “and a lot of people don’t know their rights and end up getting displaced.” RentSigmaSkimming