BY DAN CAMPANA
Mayoral challengers Stephanie Kifowit and Richard Irvin fired off a couple of press releases today. Irvin announcing his plan to fight foreclosures, Kifowit to hype her Web site as a home for details of her platform.
Here comes the PR...
First off, here's Irvin (check out Thursday's Beacon for more coverage on it):
For Immediate Release
February 25, 2009
**NOTE: A COPY OF THE FORECLOSURE REDUCTION PROPOSAL IS INCLUDED BELOW THIS RELEASE**
Aurora Mayoral Candidate Richard Irvin Unveils Foreclosure Reduction Proposal
Alderman-at-Large Richard Irvin - "Owning a home is at the heart of the American dream. In these troubled economic times it is in the best interest of the city, homeowners and lenders to help find solutions to the current foreclosure crisis."
(Aurora, IL) - Today, Alderman-at-Large Richard Irvin, candidate for Mayor of Aurora, unveiled his foreclosure reduction proposal. "Owning a home is at the heart of the American dream," said Irvin. "In these troubled times it is in the best interest of the city, homeowners and lenders to help find solutions to the current foreclosure crisis."
Under the Irvin Foreclosure Reduction program, the city of Aurora would facilitate discussions between lending institutions and homeowners to negotiate a reasonable interest rate that will prevent foreclosure and allow more Aurorans to stay in their homes. "Right now we have a moral and ethical obligation to act," continued Irvin. "The vicious downward spiral of our local economy will only be accelerated with increased numbers of families being forced out of their homes."
Under the Irvin plan, the city would help the homeowner work directly with the Chief Judge, as well as other court officers, and the lending institution to stall the foreclosure process in order to allow time to negotiate a settlement that will protect lenders and homeowners alike. "There is plenty of blame to go around in the current housing crisis, but now is not the time for finger-pointing - now is the time for action," said Irvin.
The Irvin Foreclosure Reduction program closely mirrors a similar pilot program in Philadelphia. Early reports show an 80% success rate in the Philadelphia program.
"The gauge of real leadership isn't how one reacts when times are good, the gauge of real leadership is measured on how one responds when times are tough - and the time for real leadership is now. When I am the Mayor of Aurora I will fight day and night for the people of this city and will work to insure that our local government is a partner in finding solutions to the challenges facing us today," concluded Irvin.
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Irvin for Aurora, P.O. Box 4433, Aurora, IL 60507. For more information on Alderman Irvin visit our website at www.oneaurora.com
Mayoral Candidate Richard Irvin's "Foreclosure Reduction Program"
All mortgage foreclosure suits involving owner-occupied residential properties in the City of Aurora can participate in a Conciliation Conference as provided for in this general order, before a parcel of real estate can be sold at a sheriff sale. The purpose of the Conference and of this pilot program is to provide early Court intervention in residential owner occupied mortgage foreclosure cases which will assure timely determination of eligibility under various federal, state, and local programs established to facilitate loan work-out and permit lenders to move forward to the Sheriff Sale of the properties upon conclusion of the process established hereunder.
The term "residential premises" means real property located within the County containing not more than four residential units and shall include a residential condominium unit, townhome, or a residential co-op unit, occupied by an owner as the owner's principal residence. All foreclosure suits involving other properties are not subject to the Conciliation Conference.
a) Scheduling of the Conciliation Conference: The City of Aurora and The Chief Judge of the Circuit Court shall set forth a schedule for the conciliation conferences based on whether the foreclosure cases were scheduled for sheriff's sale, cases filed but not yet scheduled for sheriff's sale, or new mortgage foreclosure cases filed after a date certain,
b) Case Management Order: The Case Management Order shall schedule a Conciliation Conference for a specific date, place, and time, and:
1) Require the attendance of the homeowner and the lender's servicer;
2) Require the homeowner to cooperate with any one of the housing counseling agencies listed on the case management order and provide to that agency any necessary financial and employment information and complete loan resolution proposals and applications, as appropriate;
3) Require the exchange of the information provided to the lender representative;
4) Provide such other terms as may be necessary and appropriate.
c) Service of the Case Management Order: The City of Aurora and The Chief Judge of the Circuit Court shall set forth how the Case Management Order shall be served based upon the status of the foreclosure suit.
d) Conciliation Conference: The Conciliation Conference shall be conducted by person or agency designated by the Court.
e) Issues to be Addressed: The following issues shall be addressed at the Conciliation Conference:
1. Whether the homeowner is represented by counsel and if not represented, whether volunteer, low-cost, sliding scale, or no-cost counsel may be available and appointed;
2. Whether homeowner met with a housing counseling agency, as required;
3. Whether the Housing Counseling agency has prepared an assessment or report providing available loan work-out for the homeowner;
4. Homeowner's income and expense information;
5. Homeowner's employment status;
6. Homeowner's qualifications for any of the available work-out programs;
7. Assistance with preparation of work-out plans and required orders, as appropriate;
8. The necessity of any subsequent Conciliation Conference;
9. Whether the case may proceed to Sheriff Sale since there is no prospect of an amicable resolution;
10. Any other relevant issues
f) Homeowner's Failure to Attend the Conference: If a homeowner fails to appear for the mandatory Conciliation Conference, the requirement for a Conciliation Conference imposed by this regulation may be deemed satisfied upon verification that the required notice was sent, and if so, an order will be issued authorizing the Plaintiff to proceed with the action.
g) Case Management Order: At the conclusion of the Case Management Conference, an appropriate order shall be issued memorializing the result of the Conciliation Conference.
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And now, Kifowit:
For Immediate Release
February 25, 2009
Kifowit for Mayor Posts Small Business Programs, Ethics and Development Proposals on Website
AURORA, IL -- Aurora Mayoral candidate, Alderman Stephanie Kifowit, announced today that her campaign website contains her comprehensive ethics reform package, the economic outlook and recovery platform and downtown redevelopment plans. Throughout her term as Alderman, Stephanie Kifowit has always believed in providing the community with information, and that will not stop when she is elected Mayor.
"Responsible government stems from an honest and diligent effort to determine the truth of the situation. In my experience, government officials hide from being fully honest and "sugar coat" the results. I believe that the residents need to know the complete details of our situation" said Alderman Kifowit.
Redevelopment stems from supporting the small business community, and Alderman Kifowit has outlined innovative and cost-effective programs to meet their needs. The economic development programs range from small business development zones to job creation incentives aimed at bringing sustainable jobs and opportunities to Aurora.
"Economic development in the City of Aurora has struggled for many years. The introduction of the Riverboat Casino into the downtown of Aurora was promised to be the answer to revitalizing downtown Aurora and providing economic development opportunities. While other Cities used their riverboat money wisely, the City of Aurora has allowed the Riverboat money to be used for recurring city expenditures and has little to show for the over $189 million dollars it has received. I view economic development in terms of sustainable jobs created, providing a diversified job base, and new avenues for entrepreneurial endeavors" states Alderman Kifowit.
In addition to redevelopment plans, Alderman Kifowit has posted her comprehensive ethics reform package. "Ethics is the foundation of our government; I am providing a complete ethics reform package that will be presented to the City Council as soon as I am elected Mayor." Portions of the ethics package limit the amount a city employee can give to an elected official of the city in addition to open disclosure of any contributions in the event of a company being the subject of a contract. Alderman Kifowit has not accepted campaign contributions from any company or developer who conducts business with the City of Aurora, and that concept is incorporated in her ethics package as well.
Residents can log onto www.Kifowit4Mayor.com to view the complete information. Individuals who do not have internet access can receive a copy in the mail by calling (630) 592-1923 or stopping by the campaign office at 425 W. Galena Blvd.
Section 10 of the constitution reads in pertinent part;
“No State shall . . . pass any . . . Law impairing the Obligation of Contracts.”
The City of Aurora is a direct entity and creature of the State of Illinois. Section 10 is a direct prohibition of the very action that is proposed. Absent that, please tell me how this city or any city can become a party to a promissory note and mortgage (both private contracts) executed by a private party with a lender and thereby obtain the authority as stated in the proposal?
This idea and all such ideas fly in the face of the sanctity and protection of private contracts absent misrepresentation, fraud and various other acts that run to the benefit of the bargain. Protection of private contracts is paramount for all commerce, without out it all commerce is at risk.
To paraphrase a saying, “good cases make bad law”. The good case is the present financial situation in which we find ourselves and the bad law is the present proposal which is an impairment or interference of contracts.
Of course, if the lender and the borrower want to voluntarily participate in discussions to solve the problems confronting the parties then so be it. However, this does not require any action on the part of the City of Aurora. The parties are free to do this now.
If only politicians would get off of this idea that they have to “do something, anything” stop it already you have done enough. Why do you think we are in this mess?
So Leonard, in which ward are you running for alderman? I've heard there are uncontested races out there. You seem to enjoy the law and have a decent head on your shoulders, which is something that could be seen as lacking in certain wards...