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Refusing To Give In To Eviction

Publication Date: 
May 19, 2011
The New York Times
Aaron Glantz

Professor G. Marcus Cole is quoted by Aaron Glantz of the New York Times on California’s “dual-track” foreclosure law and how some banks continue the foreclosure process unaware of pending modifications.

On Jan. 19, 63-year-old Tanya Dennis hired a locksmith and broke into her South Berkeley home.

A former vice principal of Oakland’s Castlemont High School, Ms. Dennis said she wanted to resume living in her home of 27 years after foreclosure nine months earlier and eviction by Alameda County sheriff’s deputies in December. Ms. Dennis said she wants her lender, Wells Fargo, to reduce the principal she owes, creating affordable monthly payments.


“In a lot of situations, the bank doesn’t realize the homeowner has a modification pending or even approved, and the bank is continuing its foreclose process,” said G. Marcus Cole, a Stanford University law professor.