Winning an Injunction Against Freddie Mac
The Latest from HLS Clinical Programs 2014-03-20
By: Nicole Summers J.D. ’14
On December 10, 2013, I argued for a preliminary injunction in federal district court to prevent the eviction of Mr. and Mrs. Suero and their three children and halt the sale of their Dorchester home. In 2010, the Sueros fell upon hard times and their house was foreclosed. They continued to fight to stay in their home, and soon obtained a loan from local non-profit Boston Community Capital to repurchase it from Freddie Mac, the bank that bought it at foreclosure.
The Sueros found their way to the Harvard Legal Aid Bureau when Freddie Mac denied Boston Community Capital’s offer to repurchase their home because of the Sueros intention to stay there. Freddie Mac’s denial of the offer is in violation of a new state law, G.L. c. 244 § 35C, which explicitly prohibits any limitations on selling homes back to foreclosed homeowners. The law went into effect in November 2012 in order to protect homeowners and stabilize communities after the foreclosure crisis.
The Sueros’ case is one of the first in the state to test this new law and to enforce it against Freddie Mac.
Ultimately, the Sueros are petitioning the court to order Freddie Mac to sell their home to Boston Community Capital, which will in turn allow them to regain ownership. I am encouraged and hopeful that the judge’s decision will lead to meaningful enforcement of this important law. It was exciting and challenging to argue in federal court, and it was a wonderful experience to do so on behalf of the Sueros, who have fought so hard to remain in their home and rebound from the foreclosure crisis.
Read the City Life – Vida Urbana Press Release here.