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Atlanta police refuse to foreclose on 103-year-old woman’s home Atlanta, GA

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Atlanta police refuse to foreclose on 103-year-old woman’s home

driveway of a detached house

Last month, members of a Georgia sheriff’s department arrived at a home in northwest Atlanta, prepared to evict the two women who had lived there for more than 50 years. But when the sheriff’s deputies realized that they were about to put two elderly women out on the street, they decided not to go through with the eviction, allowing the women to remain in their home.

According to media reports, a 103-year-old woman had lived in the Atlanta home for 53 years, along with her 83-year-old daughter. A couple of years ago, the woman’s grandson had stopped making the mortgage payments, and the home went into foreclosure. A long legal battle ensued between the family and mortgage holder Chase Bank, but the bank prevailed late last year. As a result, the bank asked the local sheriff’s department evict the women from their home.

When the deputies arrived at the home last week, they were accompanied by a moving truck and met by several local news outlets covering the story. The mere presence of the police and television news stations was stressful enough to cause the daughter to be taken to a local hospital, where she was treated for breathing problems. After witnessing the stress on the daughter and seeing the frail condition of the mother, the deputies called off the eviction and left the home.

It is unclear whether the police were legally able to refuse to evict the women. There may be a law allowing them to refuse when an eviction places the homeowners’ safety at risk, which was certainly the case in this situation.

Source: FindLaw, “Police Refuse to Evict Atlanta Woman, Age 103,” Stephanie Rabiner, Dec. 6, 2011

Posted on behalf of Jamie L. Gingold, PC

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