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Eviction Defence: Despite Eviction Orders, Akhom Phetphanh and Supporters Will Risk Arrest To Defend His Home

Inline image 1Akhom and His Son Tai in front of their long time home on Durnan St.



What: Eviction Protest and Blockade to Stop the Unjust Bank Eviction of Akhom Phetphanh

When: Tuesday, April 15, at 11:00am

Where: 256 Durnan Street, Rochester, NY 14621 (the 20 year residence of the Phetphanh family)

Why: United, we can stop the foreclosure machine and elevate housing to a human right

Who is responsible for this unjust action?: Jacksonville-based EverBank


On Tuesday, April 15, 2014 at 11:00am Akhom Phetphanh, Take Back the Land Rochester, and community supporters will demonstrate and form a nonviolent eviction blockade to stop the unjust foreclosure/eviction of Akhom Phetphanh and his family at 256 Durnan Street.  Despite Mr. Phetphanh being willing and able to pay to stay in his home, Everbank is trying to evict him and his son, an action that will make them homeless.  Mr. Phetphanh has been served a 72 hour notice and Tuesday is the first day the eviction could be executed.



In 1987 Akhom and his family came to United State from Laos. After escaping Laos' oppressive authoritarian "Communist" regime, they came to the United State searching for freedom and the American Dream.  By 1994, Mr. Phetphanh had saved enough money to achieve his dream of buying a house in Rochester.  Although Mr. Phetphanh took out a loan for only $13,667, like many immigrants and low-income people of color, he was steered into a high-interest predatory loan by Alliance Banking. The loan was bought and sold many times to different banks, until finally EverBank took control of the loan.  In 2012, Akhom had a reduction in income on leaving his job so EverBank aggressively moved to foreclose. Akhom attempted to catch up but EverBank would not accept his payments and refuses to work with him. For more background, see Mr. Phetphanh's open letter to EverBank


EverBank's Pattern and Practice of Fraud


After paying for well over 15 years, EverBank claims Mr. Phetphanh still owes over $9,000, even though his original mortgage was only $13,667. The bank claim they don't have the full history of the loan and therefore cannot resolve discrepancies but insist they should be trusted regarding their information on the amount owed.This type of practice is consistent with what Federal Reserve and Office of Comptroller Currency called EverBank's "unsafe and unsound practices in mortgage servicing and foreclosure processing."(See New York Times article.) For these practices EverBank was issued a cease and desist order and forced to pay back millions of dollars to thousands of borrowers they had wronged (see Washington Post article).


"I Have No Choice But To Stay"

At the age of 64 and facing the foreclosure of his longtime home, Mr. Phetphanh says "I have no choice but to stay. Where would I go? I've put  so much into this house." In addition to displacing a family, foreclosures hurt the stability of neighborhoods, driving up public costs by lowering property values, increasing crime, health care costs, and police costs. In Rochester, Take Back the Land Rochester and community allies have worked to unite tenants and homeowners in foreclosure to fight for the structural changes that stop displacement and support the economic human right to housing.  


Please Sign Akhom's Petition to Stop the Foreclosure and Eviction