The Story of Red House on Mississippi - Stop the Foreclosure, Treason, and Plot!
AN AFRO-INDIGENOUS FAMILY’S FIGHT AGAINST SYSTEMATIC DISPLACEMENT IN PORTLAND, OR
AN ESSAY BY ANGELINA DENSON
IN OREGON AND MANY OTHER STATES ACROSS THE NATION, PEOPLE ARE LOSING THEIR HOMES DUE TO FAULTY LOOPHOLES IN EVICTION MORATORIUMS FOR RENTS AND HOMEOWNERS, LACK OF LEGAL GUIDANCE RESULTING IN THESE EVICTIONS, AND LACK OF RENT AND MORTGAGE RELIEF FOR THOSE WHO ARE GREATLY AFFECTED BY COVID-19, NATURAL DISASTERS, POLITICAL INFLUENCES ON THE JOB MARKET, AND EVEN CLIMATE CHANGE.
On top of systemic racism, BIPOC individuals are still taking the brunt of it all while fighting for basic human rights against police enforcement, the justice system, blatant racists, and our ever failing government. However, these stories keep getting swept under the rug as we continue to distract ourselves amidst the chaos. Below I will be sharing a real experience that only dives into a minute of the violence and discrimination a Black and Indigenous family here in Portland, Oregon has and continues to experience, without the protection of the extended House Bill eviction moratorium.
William and Julie Kinney were recently evicted from their home on September 9th, 2020. This was due to foreclosure from a predatory loan case that proceeded into the statewide eviction/mortgage moratorium. The Kinneys are an Black/Indigenous elderly family who have lived at 4406 N Mississippi Ave., in the historically redlined district of Albina, for many years prior to the predatory double mortgage which occurred during a refinance in the Spring of 2004.
They were in compliance with their mortgage up until 2017, when they noticed they were receiving two mortgage statements during one billing cycle from the mortgage providers HSBC and RLMS, unlawfully. After the Kinneys proceeded to make a discovery request (through the help of their sons) in court, they ultimately ended up with the US Bank REO Trust enforcing their Mortgage Note, and, Clear Recon Trust and RLMS declaring a default on their loan which initiated a non-judicial foreclosure in the Fall of 2018. This was due to a lot of back-and-forth with transfers of their Note and Deed of Trust through a multitude of banks and failure for their original lender to comply with providing information as requested during the discovery request period. Wherein, the end resulted in an auction of their home to Roman Ozeruga under Urban Housing Development, LLC (UHD). UHD allegedly purchased the Kinney house right from underneath them through the conspiration of the lenders.
Since their 2018 court hearings, the defendants (the banks) of the case, Nietzche v. Freedom Home Mortgage Corporation, have failed to properly record and notify the Kinneys while wrongfully allowing for a non-judicial foreclosure sale of their home, as they were in compliance (meaning they paid on time) with their mortgage loans up until finding out they were having to pay the same mortgage payment amount to two different lenders in the same billing cycle. This was the predatory loan backed by a second mortgage that The Kinneys did not sign off on or authorize in the refinance process. This allowed for the defendants to claim default (despite paying on-time), proceed with the non-judicial foreclosure sale, and sell to UHD.
THE KINNEYS ARE GOING AGAINST GIANT LENDERS WHO HAVE THE MONEY AND SUPPORT TO TAKE OVER THEIR PROPERTY USING ANY MEANS POSSIBLE.
Between 2018 and 2020, the Kinneys have incurred late charges, default fees, attorney fees, etc. – all causing a hugely negative impact on Their credit score. This would not have happened if they were not deceived from the predatory loan or had documents and actions unlawfully allowed by the defendants without their knowledge or approval. The defendants had not only failed to comply with providing necessary information during the discovery period and providing time-sensitive documents and information through more reliable methods other than through USPS first class mail or failure to receive any notice at all.
In addition, not only has The Kinney family experienced criminal inflicted harm from wrongdoing bankers/lenders, but they will now carry the irreparable consequences if they’re absent from additional relief and continuation of their legal case. They have lost their home and may be at risk of losing their home again even once they’re able to pay for the appeal of their Supersedeas Bond that was not approved by Judith Matarazzo.
William and Julie Kinney are my neighbors and they are also members of our Portland community. I would like to share their story because not only is it wrong and no one should have to go through this, but they’re Black and Indigenous elders who are original residents to the Albina community. For those who know Portland and grew up here, then you should be fully aware that Albina is originally a Black neighborhood that Black folx were redlined to. Despite all actions made by law and policies to help end discriminatory practices, they still exist and are even more horrendous today (just through different loopholes and methods of proceeding) than what I have described above.
On the day that the Kinneys were evicted from their home on September 9th, 2020, they were unaware that they were going to be forcibly removed from their home by law enforcement, including 6-8 police officers with assault rifles and a representative of US Bank REO Trust. The officers took down their front door and forced themselves in. When The Kinneys asked to see their Deed of Trust/Title on the property, they were denied and provided no kind of paperwork, then they were asked to remove all of their belongings at gunpoint by the officers. The elderly couple was forced to move their belongings outside by themselves as the officers would not allow their own sons, Will or Michael, or their neighbors to come help. When their sons attempted to help their parents move, the officers used force and detained the two sons by keeping them locked in a police car for two hours before letting them go 3 blocks away from their parent’s house as there was no lawful reason for them to make an arrest.
Shortly after the first incident, the police finally allowed the sons and the community to help the family move but put The Kinneys through trauma and damage to their overall wellbeing and health. William Kinney was still recovering from surgery of tumor removal while Julie Kinney was left weak and in pain for several days after the first day of moving their personal belongings out under no notice. Currently, they are still moving items out of their house during the COVID-19 pandemic and Oregon fires with some community support, but are desperate for short-term and long-term housing, monetary support, and legal support to hopefully retrieve back their property. This is not just a private sector issue with rich lenders, bankers, and developers. This is an issue with the State and the system and it needs to be brought to attention.
The Kinney family is currently fighting homelessness after a devastating loss of their family home. They are still going to continue to try to gain back their property, but need immediate assistance for resources to short term housing, long term housing, and any additional support from the community.