To the Editor:
Under the United States Constitution, Amendment XIV, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In times in which homelessness is on the rise, no one wants to hear that their homes are being foreclosed upon or that they are being evicted. But imagine your home being foreclosed on or being evicted from your apartment without any form of notice and to make things even worse, you have to move on the same day. During the move, a person may lose some or all of their personal possessions.
One very important aspect of Amendment XIV is due process, your right to be given notice when your house is being foreclosed or your being evicted from your apartment (unless stated otherwise). Mortgage Companies (and Banks) and landlords are finding their way around the due process clause with the assistance of the Courts.
We experienced an eviction and two foreclosures without due process and by court process. Most people would ask, “How could you not know?” Simple, the mortgage company (or bank) or landlord deliberately fails to serve notice in order to receive a judgment in their favor. Second, the mortgage company can petition the court for an alternate means of service, such as, a notice in the newspaper, by alleging that they are not aware of the owner’s last known address. This works well since you’re not there to dispute the facts. Third, mortgage companies have been known to forward foreclosure notices to an incorrect address.
Recently, we were evicted from our apartment and given notice of the hearing 3 days prior. According to R.I. law, a minimum of 5 days notice must be given. In an attempt to explain our dilemma to the judge of the district court in Providence, a judgment was issued in favor of the landlord. Our plea was futile, although the landlord could not show appropriate service. We were shocked when the judge ordered us to leave the premises on the same day. After a few minutes of pleading with the judge, he gave us two extra days in which to move. In RI, a tenant cannot appeal an order for execution by stipulation; in other words, you are out.
Over the years, we lost two homes to foreclosure, both without notice, and both contributing to our homelessness. The courts were aware that the mortgage company failed to appropriately serve us with notice, but refused to order the return of the property in both cases. When we asked that the mortgage company be ordered to present proof of service, our case was dismissed. The judge went so far as to dismiss our attorney after he proved that there were discrepancies in our mortgage and the bank was not owed what they alleged.
If Courts are no longer acknowledging due process and no longer require notice for foreclosures and evictions, the courts are acting contrary to the U.S. Constitution. Judges are condoning and allowing the illegal seizure of property and personal possessions by banks and landlords. Once the property and possessions are lost, it will take more than a miracle to recover them, no matter how right you may be.
We wonder if this is now the new trend of today that has been devised by government planners to stimulate the economy by placing more houses on the market.
- Pearl & Irwin Jacobowitz
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