Blog: Foreclosure

Amanda and George Fullerton have lived in Chicago all their lives. They had recently moved into a three-bedroom apartment, which costs $850 a month, on the Southside of the city with their adult daughter. George Fullerton makes a modest living as a truck driver and is the sole breadwinner for his family (his wife and daughter are not employed). The family lived peacefully in their home and paid their rent on time. This spring Mrs. Fullerton came to LCBH with a pending eviction case. She was confused, because she had recently paid rent and was unsure of why this case was being filed.

Apparently, George and Amanda had seen someone new around the property that had informed them that there was a “new owner” and that the previous owner had gone into foreclosure. The “new owner” assured the Fullertons that he would still be renting to them. That was the first and last time they ever heard from the new owner. An attorney at LCBH was able to access the case and explained to Mrs. Fullerton that she had not properly received the compliant and court summons. LCBH informed her that the case had been filed against unknown occupants by the purchaser at the foreclosure sale.

However, Mr. and Mrs. Fullerton had been known. They had signed a lease that was still valid until the end of October with the former landlord, their name was on the mailbox, and Mr. Fullerton had recently spoken to the new owner in March.

The foreclosure crisis, affecting more than 70,000 Chicago rental properties since 2008, the CHA “Plan for Transformation,” and other forces have accelerated the pace of neighborhood change and concern about gentrification. To be clear, the concern is not about repairing dilapidated properties; everyone wants that. Rather, the concern is about the physical displacement of poor and working class families. This concern frequently includes not only economic displacement, but cultural dislocation as well. For a graphic sense of neighborhood change in Chicago 1970-2010, see the UIC Voorhees Center’s Gentrification Index at http://www.voorheescenter.com/#!gentrification-index/ccmx.

Lawyers’ Committee for Better Housing (LCBH) helps preserve the vitality and affordability of Chicago’s neighborhoods. The attorneys and staff at LCBH work with community partners to ensure those affected by unfair evictions, deplorable living conditions or foreclosure have viable and affordable housing options currently and in the future. The LCBH Supportive Services team is available for the most vulnerable LCBH clients and their families to avoid homelessness and achieve stable housing. This includes assessment of needs, assistance in locating alternative affordable housing, applying for emergency funding, screening for public benefits, and providing links to essential services. The multi-disciplinary and holistic approach that LCBH provides has proven an effective way to assist clients moving towards a goal of attaining more stable housing beyond the immediate crisis of eviction.

Two years ago the Chicago City Council passed the Protecting Tenants in Foreclosed Rental Property Ordinance, commonly known as the Keep Chicago Renting Ordinance (KCRO). The KCRO applies to Chicago renters from the time of a completed foreclosure sale until the building is sold to a third-party purchaser. The ordinance provides that successors-in-interest (usually banks) to foreclosed properties must do one of two things: either offer to renew or extend leases to qualified tenants in foreclosed properties or, if the owner should choose to vacate the property, provide $10,600 in relocation assistance per household. The strong policy behind the KCRO is to allow renters, even those without a written lease, to remain in their home as long as they comply with their rental agreements. It also provides a financial incentive for banks to collect rent, or sell occupied Real Estate Owned properties (REOs), keeping them in productive use.