State Rep. Constance A. Howard Introduces HB5665 to Stop Fraudulent Foreclosures
Chicago, IL-(ENEWSPF)- The Far South Suburban branch of the NAACP issued the following press release regarding HB 5665:
Working with the NAACP Chicago Far South Suburban branch to fight against illegal foreclosures, State Representative Constance A. Howard introduced Illinois’ own anti-fraudulent foreclosure bill (HB 5665) on February 15, 2012.
Because many judges have limited their analysis in a foreclosure proceeding only to whether or not the homeowner has failed to make their payments, challenges to the veracity and legal sufficiency of the documentation submitted in connection with that foreclosure proceeding have been systematically disregarded. As a result, current laws have done nothing to curb the pervasive submission of fraudulent and otherwise legally insufficient documentation by banks in foreclosure proceedings in Illinois.
This new law would amend the Code of Civil Procedure making the submission of fraudulent or false documentation in connection with a foreclosure a felony. In addition, it grants a private right of action against those who submit fraudulent or false documentation in connection with forclosure proceedings in order to recover damages suffered by the owner or holder of the beneficial interest in the real estate plus reasonable attorney’s fees.
The NAACP Chicago Far South Suburban branch commends State Representative Constance A. Howard for her prompt and bold action to address Illinois’ illegal foreclosure epidemic and vows to continue its fight against illegal foreclosures by first making HB 5665 law in Illinois. This requires the help of all the citizens of Illinois. Please contact your State Senators and Representatives and tell them to sponsor, support, and pass HB 5665. Second, we are requesting that the courts implement an immediate moratorium on foreclosures. This moratorium will give the courts the opportunity to remedy the severely eroded public trust by thoroughly reviewing the documentation, especially those related to securitization, for all pending foreclosures. Ensuring that the court has before it the proper parties and illustrating that the court will no longer exempt banks from the application of the law.
Finally, our branch will continue with its voter education efforts regarding the importance of being informed voters in judicial elections. As it stands currently, the conduct of many judges and banks in connection with foreclosure proceedings have completely undermined the integrity of our land records, commercial transactions, and judicial systems.
We will use future judicial elections to make sure those on the bench recognize that equal justice applies to everyone not just those with power and money.