Story URL: http://news.medill.northwestern.edu/chicago/news.aspx?id=217050
Story Retrieval Date: 5/25/2013 12:36:16 AM CST
Jonathan Greig/MEDILL
Homeowners now have added protection when dealing with lenders
Illinois homeowners, especially those in the throes of a foreclosure battle
with lenders, can finally breathe a small sigh of relief now that the playing
field has been leveled a bit more.
In an announcement Friday, the Illinois Supreme Court released a series of new
rules aimed at cleaning up the foreclosure process and stopping many of the
predatory lending practices that contributed to the recent housing market
crash.
Chief Justice Thomas L. Kilbride, one of the first officials to push for the
mortgage foreclosure mediation program, said, "These new rules will
promote fairness in home foreclosure proceedings, curb abuses in the system,
provide lenders finality when foreclosure is necessary, and ensure [that]
homeowners who have been thrown out of work during the years of a troubled
economy are aware of their rights and where to turn for help."
First suggested by Justice Mary Jane Theis, the Special Supreme Court Committee
on Mortgage Foreclosures was created almost two years ago and, through public
hearings and debate between committee members, created the new Supreme Court
rules.
"We had input from private citizens, people who were going through
foreclosures themselves, from banks and attorneys,” said Judge Lewis M. Nixon,
chair of the committee and supervising judge of the Mortgage Foreclosure
Section of the Cook County Circuit Court. “The rules are balanced. They contain
recommendations that are helpful to both sides."
The rules provide statewide guidelines for lenders that force them to give
homeowners all the necessary information about the seriousness of foreclosure
and to make sure lenders exhaust all options, including and most important,
loan modification, before foreclosing. Lenders now must give legal notices
during each stage of the process and before the sale date of a foreclosed
house.
"Some of the provisions in these rules are controversial in their specific
worlds, whether it be finance and lending or in public interest and consumer
law,” Theis said in a statement. “I applaud the Special Committee, and all
those who had input, for drafting provisions that will lend some stability and
certitude to what is a financially and emotionally draining process."
Many homeowners have railed against a system that they feel perpetually leaves
them one step behind lenders procedurally and often in the dark about the legal
process surrounding their homes.
“Many borrowers
submit reams of paperwork trying to qualify, only to be told by the bank it's
not the right kind of paperwork, and they have to start all over again,” said
Emma Scott, a Chicago foreclosure lawyer. “Borrowers often submit all kinds of
paperwork in good faith to try and qualify, and in the mean-time the bank is
going forward with foreclosure.”.
The rules take effect March1.