Help needed: an attorney to fight foreclosure
I am in need of an attorney or attorneys who are willing to assist me in my defense of a wrongful foreclosure by Fifth Third Bank, received on March 21. A motion was filed on April 18 for reconsideration and to vacate the summary judgment of foreclosure because of inadmissable evidence and errors. It is set for May 16 hearing.
The property in question is located at 5900 W. Madison in the Austin area, where new construction is taking place all around. Based on my limited recent research of Illinois Foreclosure Law, the bank does not have a right to foreclose on the property. There must first be a default.
1) No default, if there is, no notice of default,
2) No missed payments or late payments, during the life of the construction loan, no delinquency notices,
3) Breach of contract, will not return owner’s personal funds for rehab work for past three years. As agreed to in the contract, the owner converted to condominiums. Its value, based on his labor and personal funds, has increased the value of the property many times over.
4) Violation of the Equal Credit Opportunity Act, no written notice given for the adverse action that was taken.
5) An attorney was prepared to present all of these facts to the court while this case was still pending and no final resolution had been reached, but was not allowed to do so.
6) Summary judgement was granted, based on an affidavit from someone out of town, from the state of Michigan. There are several inconsistencies. Without an explanation, this person was first made known to me in Jan. 2005. The life of the loan was from Nov. 1999 through June 2002. All of my negotiations were with someone else during that time period from the State of Illinois. The evidence that was ruled on is to be challenged as hearsay evidence and not be admissable.
The contact person for Fifth Third Bank, is Mr. James W. Lee, assistant vice president, St. Joseph, Mich. 49085 (phone 269/982-7523, 800/545-2246 or fax: 269-982-7449). Thank you for your assistance.
Davis, Carothers announce new housing for ex-offenders
We are sending this letter to announce the construction of the Safer Foundation’s Focus Apartments at 165 N. Central Ave. The Safer Foundation is one of the region’s most accomplished organizations in providing reentry services to recently incarcerated individuals. The Focus Apartments open an exciting new chapter in the Safer Foundation’s long history of providing services centered around employment supports. The Focus Apartments will open new housing opportunities in the Austin community for people with criminal records.
As you know, people with criminal records are faced with many obstacles in finding housing, social services, job counseling and employment. Our hope is that this new project will provide both the opportunities for successful reintegration, as well as the program components aimed at long-term success and self-sufficiency.
Candidates eligible for residency in the Focus Apartments will come from existing Safer Foundation programs, Ready4Work, Adult Transitional Centers (ATC), and Sheridan Correctional Facility. Candidates with a history of violence or criminal sexual offenses will not be eligible for residency. Program participants will be provided with customized support services, including intensive case management, family/community supports, substance abuse/medical treatment and employment training/placement.
The construction of this building will provide needed employment opportunities for members of the Austin community. Sixty percent of the contractors participating in the construction of this building will be minority contractors. It will also provide community members with opportunities for training and apprenticeships in the construction trades.
For the last few years we have listened to the pleas for help from the families of recently incarcerated individuals in our communities. That is why we support and have been personally involved with all aspects of planning for this construction. We are asking for your support, because we feel this building will provide the Austin community with a historic opportunity to model community input and participation. That will allow the Safer Foundation to provide services that truly reflect the need of the Austin community and of recently incarcerated individuals.
Danny K. Davis,
member of Congress, 7th District
Isaac S. Carothers,
alderman, 29th Ward