If you were planning on applying to the state's Hardest Hit Program for mortgage assistance, you'd better hurry up. The deadline is today.
When the program started in 2011, eligible homeowners could qualify for up to $25,000 in assistance, although that number was increased to $35,000 earlier this year. Nearly 15,000 people have applied, and almost 60% of those who applied received some assistance. Nearly $122 million were paid out. The good news is that most homeowners who qualified and received assistance continued to own their homes 6 months later.
Based on the information we have now, it appears the program was successful. For more information and to see if you might qualify, click here. If you do apply, act quick. The deadline is today, September 30, 2013.
Monday, September 30, 2013
Sunday, September 29, 2013
Changes to Cook County Human Rights Ordiannce
Recently, the Cook County Human Rights Ordinance was modified to prevent landlords from discriminating against tenants using Section 8 or any other housing choice voucher income to pay their rent. Effective August 8, 2013, a landlord can no longer turn down a prospective tenant solely on the basis that the rent will be paid through Section 8 income.
The new rule applies to all landlords -- whether they are leasing a house, a condo, a townhouse, a duplex or an apartment building. The only landlords exempt from the provisions are those who are renting one or more rooms in a home that they themselves occupy.
The ordinance applies everywhere in Cook County except where a local municipality has its own ordinance, in which case the local ordinance prevails. If you are not sure what the rule is in your town, contact your local village hall or city hall for more information.
The new rule applies to all landlords -- whether they are leasing a house, a condo, a townhouse, a duplex or an apartment building. The only landlords exempt from the provisions are those who are renting one or more rooms in a home that they themselves occupy.
The ordinance applies everywhere in Cook County except where a local municipality has its own ordinance, in which case the local ordinance prevails. If you are not sure what the rule is in your town, contact your local village hall or city hall for more information.
Friday, September 13, 2013
Energy Use Disclosure Required For Chicago Building Owners
Pursuant to a new law passed recently by the Chicago City Council, the owners of approximately 3,500 buildings in Chicago will be required to disclose how much energy they use. The goal of this new ordinance is to increase energy efficiency.
The disclosures will then be compiled and scored, and the scores will be public information. If a building's score is poor, they may have trouble finding tenants or buyers. On the other hand, if the building scores well, it could be an added marketing benefit for that building's owners, perhaps helping to lure new tenants and buyers.
The new ordinance covers buildings 50,000 square feet and up. If you have a commercial building greater than 250,000 square feet, the reporting requirement kicks in for you in June 2014. If you have a commercial building that is between 50,000 and 250,000 square feet, you must start reporting in June 2015. Residential buildings are subject to the new ordinance also, but they have an extra year to comply.
The disclosures will then be compiled and scored, and the scores will be public information. If a building's score is poor, they may have trouble finding tenants or buyers. On the other hand, if the building scores well, it could be an added marketing benefit for that building's owners, perhaps helping to lure new tenants and buyers.
The new ordinance covers buildings 50,000 square feet and up. If you have a commercial building greater than 250,000 square feet, the reporting requirement kicks in for you in June 2014. If you have a commercial building that is between 50,000 and 250,000 square feet, you must start reporting in June 2015. Residential buildings are subject to the new ordinance also, but they have an extra year to comply.
Wednesday, September 4, 2013
Failure to Show Up in Court Will Not Help You Defend Your Foreclosure Case
Surprise, surprise. If you don't show up in court to defend your foreclosure, you can't claim the judge treated you unfairly later. A recent appellate case, Deutsche Bank National Trust Co. v. Nichols, 2013 IL App (1st) 120350 (August 30, 3013) Cook Co., 6th Div., serves as a case in point.
In Deutsche Bank, the lender served notice of foreclosure upon the defendant in April 2011. The defendant never responded, and in July 2011, the court entered the bank's motion for default judgment.
In mid-November, the defendant asked for leave to file an answer to the original complaint of foreclosure, but the court denied the defendant's request, since the defendant had been served 7 months ago and judgment of foreclosure had already been entered. The defendant then filed a petition to substitute judges, and set it for January 26, 2012. The bank filed a motion requesting the court to approve the sale of the property, and set it for January 25, 2012.
The defendant did not show up in court on either January 25 or 26, to contest the bank's motion or argue its own motion. The court entered the order approving the sale, and the defendant appealed, on the grounds that the judge lacked the authority to enter the final judgment since the motion for substitution of judges was still pending. After a great deal of analysis, the court pointed out that pursuant to existing law, the filing of a motion to substitute judges does not void any final order. In order to void the final order, the defendant would have to show that the petition to substitute judges was improperly denied.
In this case, the defendant never showed up to argue its motion for subsitution. The motion was never ruled on at all. Therefore it certainly wasn't denied. Bottom line, the court felt that a motion to substitute judges should not be used to delay a case.
What does this mean for you? Well, if you're being foreclosed and you want to contest it, show up in court. Do something about it now before it's too late!
In Deutsche Bank, the lender served notice of foreclosure upon the defendant in April 2011. The defendant never responded, and in July 2011, the court entered the bank's motion for default judgment.
In mid-November, the defendant asked for leave to file an answer to the original complaint of foreclosure, but the court denied the defendant's request, since the defendant had been served 7 months ago and judgment of foreclosure had already been entered. The defendant then filed a petition to substitute judges, and set it for January 26, 2012. The bank filed a motion requesting the court to approve the sale of the property, and set it for January 25, 2012.
The defendant did not show up in court on either January 25 or 26, to contest the bank's motion or argue its own motion. The court entered the order approving the sale, and the defendant appealed, on the grounds that the judge lacked the authority to enter the final judgment since the motion for substitution of judges was still pending. After a great deal of analysis, the court pointed out that pursuant to existing law, the filing of a motion to substitute judges does not void any final order. In order to void the final order, the defendant would have to show that the petition to substitute judges was improperly denied.
In this case, the defendant never showed up to argue its motion for subsitution. The motion was never ruled on at all. Therefore it certainly wasn't denied. Bottom line, the court felt that a motion to substitute judges should not be used to delay a case.
What does this mean for you? Well, if you're being foreclosed and you want to contest it, show up in court. Do something about it now before it's too late!
Wednesday, August 28, 2013
Fannie Mae and Freddie Mac not subject to Chicago Vacant Building Ordinance
The Federal Housing Finance Authority (FHFA) just won a case against the City of Chicago, a case which was filed nearly two years ago, right after the Chicago Vacant Building Ordinance took effect.
The FHFA argued that vacant foreclosed buildings with Fannie Mae and Freddie Mac mortgages should not be subject to the Chicago Vacant Building Ordinance, claiming that the city acted outside of its jurisdiction in making laws applicable to federal agencies, and that the registration fee requir4d by the ordinance was essentially a tax on the federal government.
While Fannie Mae and Freddie Mac have their own standards for the maintenance of vacant buildings, those standards are by no means as stringent as Chicago's ordinance. In Chicago alone, the FHFA owns nearly 260,000 mortgages. Granted, not all of them are vacant or foreclosed, but the decision still has ramifications for Chicago, which is trying to get derelict properties under control.
Spurred on by its success, the FHFA is expected to file more such suits in other areas with vacant building ordinances.
The FHFA argued that vacant foreclosed buildings with Fannie Mae and Freddie Mac mortgages should not be subject to the Chicago Vacant Building Ordinance, claiming that the city acted outside of its jurisdiction in making laws applicable to federal agencies, and that the registration fee requir4d by the ordinance was essentially a tax on the federal government.
While Fannie Mae and Freddie Mac have their own standards for the maintenance of vacant buildings, those standards are by no means as stringent as Chicago's ordinance. In Chicago alone, the FHFA owns nearly 260,000 mortgages. Granted, not all of them are vacant or foreclosed, but the decision still has ramifications for Chicago, which is trying to get derelict properties under control.
Spurred on by its success, the FHFA is expected to file more such suits in other areas with vacant building ordinances.
Monday, August 26, 2013
What is Chicago's Vacant Building Ordinance?
One of the weapons in the city's arsenal to fight foreclosure is the Vacant Building Ordinance. The ordinance aims to keep ownership accountable for the condition of any vacant buildings in the city.
What's a vacant building? Well, according to the ordinance, for a building to be vacant, it has to lack the "habitual presence of human beings who have a right to be on the premises." In English, that means it has to be vacant of people who are actually supposed to be or allowed to be there. Another way to define vacancy is that a property is vacant if there is no legal business or legal construction activity at the premises. Residential apartment buildings are not vacant unless they are at least 90% unoccupied. For an individual residence to be considered occupied, someone must have actually lived there for at least three months out of the last nine months, and intend to return and live there. Otherwise, it shall be deemed vacant.
So let's say the house or building is deemed vacant. Then what? If it is vacant for more than 30 days, the owners must do all of the following:
1) Register the building with the Department of Buildings as vacant property. The registration is for 6 months only, and costs $250. It must be updated every 6 months as necessary. If the building has any code violation at the time of renewal, the renewal fee is $500 instead of $250. And if the building still has violations at the second renewal, the renewal fee is then $750. If the building has violations at the time of the third renewal, the registration fee shall be $1,000.
2) Procure liability insurance and provide proof of the same to the Department of Buildings. For residential property, the minimum insurance is $300,000. For commercial property, the minimum insurance is $1,000,000.
3) Maintain the property all year long. The owner must take care of the roof, the foundation, the stairs, decks, fences, floors, balconies, chimneys, gutters, etc. The owner must also do seasonal work -- weeding and cutting grass in the summer, and snow plowing and winterizing plumbing in the winter. The owner must also keep the property rodent and pest-free.
4) For the first six months, the owner must cover all openings into the property with plywood. For the next six months and thereafter, the openings must be covered with steel, commercial-grade security paneling. If the owner wishes, in lieu of the steel paneling, he may install a burglar alarm, standard security door, and glazed windows.
Fines are steep, so compliance is important!
What's a vacant building? Well, according to the ordinance, for a building to be vacant, it has to lack the "habitual presence of human beings who have a right to be on the premises." In English, that means it has to be vacant of people who are actually supposed to be or allowed to be there. Another way to define vacancy is that a property is vacant if there is no legal business or legal construction activity at the premises. Residential apartment buildings are not vacant unless they are at least 90% unoccupied. For an individual residence to be considered occupied, someone must have actually lived there for at least three months out of the last nine months, and intend to return and live there. Otherwise, it shall be deemed vacant.
So let's say the house or building is deemed vacant. Then what? If it is vacant for more than 30 days, the owners must do all of the following:
1) Register the building with the Department of Buildings as vacant property. The registration is for 6 months only, and costs $250. It must be updated every 6 months as necessary. If the building has any code violation at the time of renewal, the renewal fee is $500 instead of $250. And if the building still has violations at the second renewal, the renewal fee is then $750. If the building has violations at the time of the third renewal, the registration fee shall be $1,000.
2) Procure liability insurance and provide proof of the same to the Department of Buildings. For residential property, the minimum insurance is $300,000. For commercial property, the minimum insurance is $1,000,000.
3) Maintain the property all year long. The owner must take care of the roof, the foundation, the stairs, decks, fences, floors, balconies, chimneys, gutters, etc. The owner must also do seasonal work -- weeding and cutting grass in the summer, and snow plowing and winterizing plumbing in the winter. The owner must also keep the property rodent and pest-free.
4) For the first six months, the owner must cover all openings into the property with plywood. For the next six months and thereafter, the openings must be covered with steel, commercial-grade security paneling. If the owner wishes, in lieu of the steel paneling, he may install a burglar alarm, standard security door, and glazed windows.
Fines are steep, so compliance is important!
Thursday, August 22, 2013
New Law Protecting Illinois Tenants of Foreclosed Properties
Since federal protections for tenants in foreclosed properties are expiring next year, yesterday the governor signed a law extending federal protections for renters in foreclosed buildings in Illinois,
Under the law, if you are renting in a building that has been foreclosed, you are entitled to the following protections:
1) The bank (or a receiver) that owns the foreclosed building, or any other person or entity that buys the building out of foreclosure, must honor your lease until it ends.
2) The bank or owner must give you at least 90 days' written notice before asking you to leave.
3) If the new owner intends to move in, however, he or she can terminate your lease upon 90 days' written notice.
If you are otherwise honoring your lease and the new owner tries to evict you, you can fall back on these protections and file a case against your landlord.
Under the law, if you are renting in a building that has been foreclosed, you are entitled to the following protections:
1) The bank (or a receiver) that owns the foreclosed building, or any other person or entity that buys the building out of foreclosure, must honor your lease until it ends.
2) The bank or owner must give you at least 90 days' written notice before asking you to leave.
3) If the new owner intends to move in, however, he or she can terminate your lease upon 90 days' written notice.
If you are otherwise honoring your lease and the new owner tries to evict you, you can fall back on these protections and file a case against your landlord.
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