Not alone: Legal support to stop foreclosures

Recent policy changes - and threats - to the right to housing and the accountability requirements regarding financial institutions and banks concern families with mortgages. Defunding strategies directed to agencies that look out for consumer rights and are called to process complaints presented by those affected by predatory lending practices, together with an ample restriction to public assistance, translate into further housing insecurity for many.

While these changes occur at the United States level - and have not impacted laws when this report is written- the relationship between the EEUU and Puerto Rico brings these dangers home. Immediately, we experienced a new delay in complaints presented to federal agencies, including the Consumer Financial Protection Bureau. We are also aware of drastic and harmful shifts in the Fair Housing Act protection, including restrictions to protect people based on disparate impact practices and omissions. If the Executive Orders adopted by this new federal administration have a more profound impact, we could see less protection on the ground for individuals who belong to protected classes - such as race, religion, sex, and gender (including domestic violence), and national origin. Disparate impact, or indirect discrimination caused by practices or omissions caused by powerful actors such as financial institutions and mortgage banks, could remain impune.

A legal empowerment project that promotes legal awareness among families with mortgages while accompanying those affected in complex litigation scenarios is needed. Even more, when this same project ensures local advocacy to guarantee spaces where these families can demand protection and remedies based on violations suffered. If there has been a time when donating to support projects with a clear perspective on housing as a right, it is now.

Yet, at different levels, donors may feel conflicted in their contributions. We have seen a heightened caution coming from private funders - big and small- based on fear and uncertainty and the impact of an overwhelming haul of rights and protection on our everyday lives. Because we share the context, we understand. As human rights defenders and advocates, we also know that it is precisely in scenarios of restrictions and exclusions of historically marginalized individuals and causes that our solidarity is more urgent and relevant.

We call all our donors to support our projects and continue contributing to the causes you thought important some years ago, knowing that your support is vital and instrumental.

Legal empowerment is grounded on people's chance to know their rights and defend themselves. It is also grounded on readiness and the space to transform awareness into action. For families at risk of foreclosure, closing the gap between fear and adequate defense of their homes requires understanding that acting fast is critical.

At Derecho a Tu Casa, we are working on new efforts to ensure families understand how learning about time-sensitive foreclosure procedures can lead to better chances to protect their homes. 2023 closed with 2315 residential foreclosures, while the first quarter of 2024 had 350. While we debunk the myth that foreclosure processes always last several months or years, we also call families to seek the help they need to navigate a lonely and arduous process. As lawyers, we know that this starts with asking families to open the letters that keep piling up in the mailbox or kitchen counters, to learn basic information about their mortgage loan, and more importantly, to make decisions based on their knowledge of rights and not blind trust on the recommendations made by a financial institution. We want to target people in the first 120 days of nonpayment to ensure they can access alternatives such as loss mitigation or other negotiations before a legal procedure starts in the courts. The resources we will publish at ayudalegalpr.org will target elders and mono-parental families, particularly those at risk of foreclosures. These materials will accompany a media tour on foreclosure readiness, free legal counseling for eligible families, and advocacy efforts.

Your contributions are essential. Support this initiative and accompany us as we accompany families defending their homes.