HLS in Focus

Last spring, we did an interview with now 3L Tony Borich about an organization he jump-started here at HLS called Boston Coalition to Stop Bank Evictions. As the year went on the number of foreclosures and predatory-lending cases nationwide skyrocketed. Consequently, many of the country’s legal aid bureaus are being overrun with more cases than they have attorneys. Just ask Sarah Bolling ’07, a Skadden fellow and staff attorney with the Atlanta Legal Aid Society who was just featured on NPR for her work on behalf of foreclosed tenants and former homeowners. Admissions staffer Julia Foresman recently caught up with Sarah to find out more.

Have a listen: Sarah Bolling (6:27)

While the situation on the ground here in Boston is still bleak, the work of Tony Borich, now a student attorney with the Legal Services Center and the Harvard Legal Aid Bureau has burgeoned into a broader effort called the Foreclosure Task Force within the law school and universities around town. “There’s usually a delay between that time when the bank takes over the property and when they bring eviction action in court, which is when lawyers can effect change,” he said. Intimidated or offered small amounts of money from banks, many tenants vacate without being fully aware of their legal rights guaranteed under Massachusetts’ landlord tenant law. “We recognized that we needed to focus on the period immediately around the foreclosure sale if we wanted to increase the number of people staying in homes as opposed to abandoning them and leaving them vacant or boarding them up,” he said.

True, there are many more potential clients than there are students attorneys to help them, but this is where the door-to-door outreach campaign ‘No One Leaves’ comes into play. “We’re helping renters who are experiencing the most egregious behavior by banks, such as illegal evictions … we’re hoping to drive up the costs of evicting tenants for banks and dissuade them in future from continuing their current policies. It’s sort of a triaged approach,” he said. “We take the winnable cases, those that most directly serve our broader goal of changing the economics of what banks are doing.”

And they have had success. Take HLAB member Dave Haller, for instance, who recently scored a $54,000 verdict against the Bank of New York for cutting off the water and heat of a Dorchester man it was trying to force out of the home he rented, which had been foreclosed on after the owner failed to make mortgage payments. The verdict may yet be doubled or tripled under the state’s consumer protection law. Short of securing representation for every client, the Foreclosure Task Force is canvassing as many homes as possible and informing people about their rights and persuading them to stay in their homes and fight. “The important part about getting to people early,” explained Borich, “is that by educating tenants and introducing them to attorneys who can help them, they start to learn through how to represent themselves. We’re doing more with less if we reach people earlier.”