Wrongful evictions can turn homeowners into victims
Because mortgage fraud is such a widespread problem in poor communities, it's likely that a lot more people will wind up in Hughes' position. At least anecdotally, this fraud disproportionately affects African Americans and Hispanics, said Cara Smith, a spokeswoman for the Illinois attorney general's office.Among other things, the Mortgage Rescue Fraud Act, which takes effect Jan. 1, requires that the "rescuers" provide a written contract that shows the home is being sold. Rescuers must also make a determination that the homeowner has the reasonable ability to make rental payments and buy the home back.
Wrongful evictions can turn homeowners into victims
December 10, 2006
I can think of few things crueler than being wrongfully evicted from your home. Last month, Sherri Johnson thought she had bought herself some time after a dispute over paperwork threatened her eviction. Unable to hire a lawyer, Johnson filed a motion to extend stay, and was given a Nov. 30 court date. Unfortunately, that did not keep the Cook County sheriff's deputies at bay. Her family was evicted 10 days before the scheduled court hearing.
Sally Daly, a spokeswoman for the Sheriff's Office, denied that Johnson was evicted illegally from her apartment at 4536 S. Drexel. But her explanation that Johnson was barred from filing a motion to stay under these circumstances seems unfair.
At any rate, Johnson said sheriff's deputies "kicked down the door" and "put guns" to her husband and 13-year-old son's heads.
"When my husband tried to show this sheriff lady the order, she balled it up and said it doesn't mean 's - - -' to them," Johnson said.
Johnson says that the workers executing the eviction threw her furniture from the third floor, and that a pillowcase containing cash that she was saving to rent a new apartment is missing.
"How can you throw a love seat down the stairs?" she asked. "They damaged my property."
Johnson said she complained to police as well as to the Cook County Sheriff's Office.
Daly said she has no record of Johnson's complaint. Still, how many of us know who you would complain to? According to Daly, those complaints should go to the inspector general at (312) 603-0150.
"We don't have any official complaint in this case, but we would certainly be willing to open an internal investigation," she said.
Johnson said when she went back to court, the judge said because she was already out, she should seek legal advice. This time she's getting a lawyer.
Mortgage fraud
Meanwhile, Rosalyn Hughes, a victim of alleged mortgage fraud, is worried that sheriff's deputies will be at her door any minute.
Although Hughes, 63, has lived in her home for nearly 20 years, it was sold out from under her in 2004 in a scheme that smacks of mortgage fraud.
When the family got behind on mortgage payments made under a forbearance plan, they turned to a so-called home rescuer.
"I was talking to somebody about my situation, she said she had a friend who was a loan officer and she could take care of me."
Although the loan officer initially told Hughes she would refinance her $61,000 mortgage, that never happened.
"My husband was self-employed and because they couldn't verify his income, they said they would have to sell it to somebody else," Hughes said.
Since the Hugheses were desperate to keep their home, they agreed to sell it to one of their children. But that deal didn't go through either. Eventually, the family learned that the loan officer had actually bought their home.
"I panicked when I heard my house was being sold and called the loan officer," Hughes said. "I listened to everything she said."
As it stands now, Hughes is paying rent to stay in her own home and a new buyer is asking $190,000 for the property.
"They wanted me to sign a paper saying I was going to rent the house for $1,700 a month and in two years, I would purchase it," Hughes said. "I couldn't sign that."
On Dec. 4, Hughes received a letter from the Cook County Sheriff's Office warning her that she could be evicted in 24 hours.
Must provide a written contract
Because mortgage fraud is such a widespread problem in poor communities, it's likely that a lot more people will wind up in Hughes' position. At least anecdotally, this fraud disproportionately affects African Americans and Hispanics, said Cara Smith, a spokeswoman for the Illinois attorney general's office.
Among other things, the Mortgage Rescue Fraud Act, which takes effect Jan. 1, requires that the "rescuers" provide a written contract that shows the home is being sold. Rescuers must also make a determination that the homeowner has the reasonable ability to make rental payments and buy the home back.
But in the cases of people who have already been scammed, there should be a way to stay these evictions until the fraud is uncovered. Thanks to Smith at the Illinois attorney general's office, Hughes may get help from Chicago Volunteer Legal Services. But homeowners caught in this scheme shouldn't wait until deputies kick in their doors.
They've been humiliated enough.
For information regarding Mortgage Rescue Schemes, contact the Office of the Illinois Attorney General at www.Illinois At torneyGeneral.gov.
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