As you may have read in recent news reports or heard at the recent Legal Update at the IAR Convention, several banks/servicers have suspended foreclosure activities including GMAC, JPMorgan Chase and Bank of America. The Illinois Attorney General's Office has issued letters to JPMorgan Chase and Ally/GMAC demanding meetings to address concerns that the companies have violated the state's Consumer Fraud Act and reports about the accuracy of documents filed in foreclosure lawsuits. The Illinois Department of Financial and Professional Regulation also issued a statement.
According to IAR Chief Legal Counsel Steve Bochenek: "This moratorium will impact clients in different ways. A seller client will have a little more time to sell a house where the mortgage is in default. In addition, if the suspension lasts for long then the lenders/servicers might have some incentive to agree to a short sale. Buyer clients that may be in the process of purchasing REO properties will not be able to close until the suspension is lifted and so there may be some delay in closing a transaction, although we do not know how long. Also, buyer clients need to be advised to obtain title insurance to insure title to REO property they are purchasing. Clients that have rented properties that were then foreclosed on will have some additional time before they may be evicted. The key is that if any client of a brokerage company has a question as to how this suspension impacts them they need to talk to an attorney or call the Illinois Attorney General's office." The Attorney General's Homeowners' Referral Helpline is 1-866-544-7151
According to IAR Chief Legal Counsel Steve Bochenek: "This moratorium will impact clients in different ways. A seller client will have a little more time to sell a house where the mortgage is in default. In addition, if the suspension lasts for long then the lenders/servicers might have some incentive to agree to a short sale. Buyer clients that may be in the process of purchasing REO properties will not be able to close until the suspension is lifted and so there may be some delay in closing a transaction, although we do not know how long. Also, buyer clients need to be advised to obtain title insurance to insure title to REO property they are purchasing. Clients that have rented properties that were then foreclosed on will have some additional time before they may be evicted. The key is that if any client of a brokerage company has a question as to how this suspension impacts them they need to talk to an attorney or call the Illinois Attorney General's office." The Attorney General's Homeowners' Referral Helpline is 1-866-544-7151
