“If it wasn’t for them, we wouldn’t have a home.”
The American justice system penalizes poverty at every turn. Despite the fact that living in poverty creates legal problems for low-income Americans, there are simply not enough resources available to meet the legal needs faced by America’s most vulnerable communities. Given the fact that Americans spend more each year on Halloween costumes for their pets than the federal government does in providing funding for legal aid offices, it’s no surprise that 86 percent of civil legal problems faced by low-income Americans receive inadequate or no legal help.
Unfortunately, the Legal Services Corporation (LSC), the government agency which funds legal aid offices across the country, has been seriously threatened throughout the last few years. Since the beginning of his presidential campaign, President Trump has promised major tax cuts. Despite the fact that, accounting for inflation, LSC’s 2013 allocation was the lowest it’s received in its storied 40 year history, the Trump administration’s proposed budget suggested completely eliminating the Legal Services Corporation. Such a cut would leave this country’s most vulnerable without access to the “Equal Justice Under the Law” promised them by our constitution.
Nowhere is the value of the Legal Services Corporation more felt than in rural America, where, on average, there are more legal needs per capita than in urban areas and where there are far fewer private attorneys able to offer pro bono services. To highlight just how valuable legal aid attorneys are in rural communities, photojournalist Michael Santiago visited with the dedicated attorneys at the Southwest Virginia Legal Aid Society (SVLAS). The stories below are resultant from these visits.
Exit 19 Trailer Park
For years the Exit 19 Trailer Park was left in disrepair as maintenance issues were left untreated. Finally, in the Spring of 2017, residents sent Southwest Virginia Legal Aid Society several applications for assistance, feeling that their landlord wasn’t meeting state standards. When a new owner purchased the park and threatened to evict almost all the 18 tenants based on past due rent, it was clear that the former landlord had been pocketing their rent without addressing obvious maintenance. Most of the tenants owned their mobile home and had only been paying lot rent, with some having open titles. What’s more, none of them had signed a formal lease, another violation of Virginia law.
When Rachel Jones and Seth Allen, attorneys with SVLAS, visited, they their interviews with the tenants led to more applications for services. After passing out “Know Your Tenant’ Rights” pamphlets and negotiating with the landlord, Seth succeeded in acquiring new leases. Since then, the park has been cleaned up and the landlord is in the process of making necessary, overdue repairs. Had Southwest Virginia Legal Aid Society not gotten involved, the park’s residents would likely have all been evicted, with most having nowhere else to go.
The Tuggle Family
After falling behind on house payments, The Tuggle family was in jeopardy of foreclosure. Not wanting to lose their home, which has been passed down between generations of their family, they were unsure of what to do to save it.
Janet Tuggle began searching for answers and found Southwest Virginia Legal Aid Society. SVLAS connected the family with Rachel Jones, who specializes in bankruptcy cases. Until then, the family was not aware that legal aid could help in foreclosure and bankruptcy cases. “They were going to sell our house on the courthouse steps that morning. And we showed up at 8:00 PM and she saved our house. I mean it was gone. If it wasn’t for them, we wouldn’t have a home.” Jones was able to successfully save the family’s home and, when the family fell behind a second time, helped the family again by negotiating their payments to be lowered.
Albert Blair II
When Albert Blair II’s aunt passed away, he inherited her home and was given lifetime rights to it. Under the stipulation that she would help take care of him, he let his sister and her husband stay in the home. Unfortunately, the couple began to financially exploit Albert, opening up credit cards under his name. Eventually his sister moved Albert into his mother’s home and refused to let him back in. In that time, she tried to redo the deed and take ownership of Albert’s home.
With the help of Program of Assertive Community Treatment, an organization that promotes independent living for persons with severe and persistent mental illness, Albert was connected with the Southwest Virginia Legal Aid Society and was able to evict his sister and reclaim his home. Though the process took a year, they were able to step in before a new deed was written. For Albert, this isn’t over. He is still going through court proceedings for compensation for damages done to the home.
Carly Grubb
When she moved into her home, Carly Grubb was warned by her new neighbors that her landlord had a reputation for taking advantage of his tenants. But circumstances dictated that she and her family move in. They had no choice. Months later, $75 behind on rent, they asked their landlord for a week’s extension. Though the landlord agreed, they were at the door only two days later asking for rent and accusing the family of not paying rent in December.
The landlord filed grievances with two courts in two different counties. One was dismissed and the other was put on hold because an error on the landlord’s behalf (they had filed Carly’s name incorrectly). Without a proper judgement and while officers were not aware of the situation, the landlord had Carly arrested for trespassing. It was then that Carly was put in touch with the Southwest Virginia Legal Aid Society. SVLAS has since been able to have the trespassing charges dropped and is currently going through legal proceedings with the landlord.
Margaret Larsman
Years ago, it was common to see Fred Thompson on TV making a pitch about the wonders of reverse mortgages. When Margaret Larsman and her husband saw his commercial, they called in and agreed to give it a shot, thinking it was their best way out of financial troubles. After signing most of the paperwork, the mortgage representative informed them of a clause stating that if you were below the age of 65, you would have to sign away the rights to your house. Margaret, 62 at the time, and her husband agreed after being reassured that, if anything happened, they would be able to stay in the house. Two years later, not long after her husband died of cancer, Margaret received a letter stating that the mortgage was in default and that she either had to pay the remaining balance or lose her home.
That was not feasible, so she reached to the Southwest Virginia Legal Aid Society. SVLAS attorneys tried to negotiate for her to stay in the home, but were denied. Luckily, by filing for bankruptcy they were able to stop the foreclosure proceedings. They are still in litigations with the mortgage company on the basis that the couple was misled, and are in negotiations for a settlement.
This project was funded by the National Legal Aid & Defender Association (NLADA), the oldest and largest nonprofit association devoted to excellence in the delivery of legal services to those who cannot afford counsel. With the Legal Services Corporation under threat, NLADA rallied its members, its supporters, and its allies in the corporate community and in Congress to push back against the proposed cuts. Thus far, NLADA has been successful in this regard as both the House and the Senate have put forward budgets which not only retain the Legal Services Corporation within the federal budget, but maintain its allocation relative to the previous administrations.
Still, there is much work to be done. Please visit NLADA’s website for more information.
