Preserve Strong Communities with Housing Mediation

Marisol and her husband James found themselves in court to evict their tenant Eric after a series of unfortunate events. Several years ago, Marisol and James purchased their dream home with the assistance of Marisol’s father, who co-signed for their loan. They moved in with their infant son, Tomas. About a year after they moved in, Tomas was involved in an accident that left him paralyzed from the waist down. They moved into an apartment because their home was multi-story and was difficult for Tomas to navigate. Marisol and James rented the house to a woman who quickly fell far behind in the rent and then disappeared. As a result of her nonpayment of rent, they found their house in foreclosure.

Knowing that the process was likely to take a while to unfold, and hoping they’d be able to get a loan modification in the meantime, they reached out to Eric. Eric was a family friend of many years – he was engaged to Marisol’s cousin, they had cared for each other’s children, and they all shared a relationship of trust and respect. Eric needed a place to live for his three children, and while he knew his tenancy was subject to the foreclosure process, he saw it as a great place to stay while he looked for other long-term options. Shortly after Eric moved in, he was injured at work and was not paid for several months. As a result, he fell behind on his rent payments. Eric tried to contribute in other ways, such as finding a great deal on a new air conditioning unit for the home and installing it with his brother. Marisol and James were very appreciative of his efforts, but asserted that the value of the work on the home did not outweigh the back rent that was owed. With an upcoming court date on their foreclosure case, they wanted to recoup some of the rent money to help their case for a loan modification, and to set a date for Eric to move out in case they needed to work out a short-sale instead. Communication had grown strained in the following weeks, and not knowing what else to do, Marisol and James had served Eric with a 5 day notice.

When the parties appeared in court the judge offered them an opportunity for mediation and all three of them wanted the chance to talk. During the mediation, Marisol expressed how important the home was for her – with tears in her eyes, she explained that it was “the only home I ever saw my son walk in.” She also did not want her father’s credit to be compromised after he had tried to help them. Eric had a close relationship with Tomas, and had also come to know Marisol’s father. Their common relationship in Marisol’s cousin and Eric’s fiancé was very important for all of them to maintain. Eric did not want to put Marisol and James in a difficult spot, but he also was concerned with providing for his children and catching up on his bills from when he was injured. Through discussion, they were able to work out a solution, taking Eric’s work on the home into account. Eric worked through his budget in detail, and everyone agreed on a payment plan to take place leading up to the court date for the foreclosure case. They also agreed on a date for Eric to move out that would give him enough time to work with his fiancé on finding a new place to live.

 Mediation provided the opportunity for a structured conversation that helped Marisol, James and Eric to focus on what was most important to them, and to work collaboratively on a solution. The parties left discussing plans to celebrate an upcoming holiday together.