Bank has disposed of my entire household (Illinois)

[tribalchief]

I was suddenly evicted from my home two months ago following a foreclosure. I have complaints about how all that happened, but for the moment let's leave them aside. I left and was told not to return, and haven't. I lived in a small town, and drove to a nearby city.

I contacted the bank (a major US bank) the day of eviction to ask about what happened and about my possessions. I was promised a phone call back and didn't get one, and checked into a hotel. I then spent days trying to get them to call me and tell me what was going on. The bank refused to respond to emails and every time I called, I got the run-around.

I finally spoke with an attorney a week or so after the eviction, who suggested I take them to small claims court. He even filled out the paperwork for me, but told me he could not represent me. I thought of it as Plan B - but I still assumed that it was easier for both me and the bank to simply talk, even though I was having trouble with the bank doing that.

The next time I spoke with the bank I mentioned the lawyer, and it seemed to spur them to take more action. I began getting calls back which directed me to call an 800 number and ask for a specific person. The only problem was that when I called the 800 number, I could not get through the automated system, and kept getting hung up on. It claimed not to recognize my SSN or ZIP code. I told them of the problem, both by phone to a different number (where I was told that only this person could help me) and by email (which went ignored). They eventually stopped trying to call me.

I finally last week contacted my state attorney general's office as a last ditch effort. I found them to be no help. They got the bank to contact me again, but I was told finally today that the bank disposed of everything! The person I spoke with was brazenly unapologetic about it, and offered no compensation for the lost possessions - I was simply met with stone cold silence when I asked. I hung up on her before I started saying things I shouldn't.

The attorney general's office did say they thought I probably lost more than $10,000 in items (which is the limit for small claims court), and I am not sure I can afford to take them to court anyway. I was unemployed at the time of eviction, and while I have continued jobhunting, doing so while technically homeless is not easy, especially as I have very few clothes. I am just stunned as to what sort of person would throw out items of value, even as I was trying to contact the bank and figure out what to do with them - I certainly hadn't abandoned the items and they had no reason to think so! I feel there were things I owned that simply can't be replaced or shouldn't have simply been pitched - vital records (my SSN CARD, birth certificate!), gifts, my grandfather's train set, personal effects, etc., I am just amazed and numb right now.

I'll go ahead and say it - we're talking about Chase here. I have no kind words for them at all. I need to know what I can do - or what you recommend I do. Chase apparently isn't going to talk this out rationally, and they certainly haven't acted rationally.

I will also say I don't know if they completely emptied the house. The attorney I spoke with first said that everything in the house belonged to me, including all major appliances. The fridge and washer/dryer were purchased by me shortly after moving in - the stove and dishwasher I bought with the place. If anything is still in the home I want it back.

Any advice appreciated.

[Disagreeable]

Re: Bank has disposed of my entire household (Illinois)

Anything you did not take prior to eviction can be set out to the curb immediately. It is not their problem.

[AFFA]

Re: Bank has disposed of my entire household (Illinois)

I wish to inform you that if you had left your personal items then bank could confiscate those items and sell them to recover its amount due or may charge you for its storage. In foreclosure generally bank will give you notice of default and its intent to foreclose. If bank has not followed proper procedure then you may take action for recovering your loss.

AFF

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

AFFA - I thought the bank had to inform me if it intended to do that, and there had to be a hearing. We're talking about my personal property, whatever happened to due process?

Disagreeable - reread. For all I know nothing was put on the curb. All I know is what I was told, items were disposed of.

[Disagreeable]

Re: Bank has disposed of my entire household (Illinois)

Then you have no recourse if you are not aware what happened to them. You would be lying if you filed a court action seeking anything and claiming they disposed of the stuff improperly. I would not be surprised if you were sued for doing so. What usually happens if I were to venture a guess is the banks clean out agents legally had the stuff moved to the curb as the law provides, then after they were done, loaded up anything good you did not claim that they wanted and left the rest to be picked through. Then they cleaned up the leftover trash a few days later.

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

Disagreeable - what law are you referring to? I have been up and down the state statute and can find nothing.

[Disagreeable]

Re: Bank has disposed of my entire household (Illinois)

That is generally the way it goes. The alternative is they usually change the locks and clean it out later. Apparently some counties treat it differently though. Let me ask you this, did you leave everything? What was its value? What county?

Physical Eviction

• The physical eviction takes place after the eviction judgment is entered. The Illinois court provides a specific amount of time for the homeowner to leave, usually one to two weeks. If the homeowners remain at the property, the lender files for a Writ of Possession. This Writ is sent to the sheriff's office, and the sheriff has the authorization to remove the homeowners and their possessions from the property.

• http://www.ehow.com/info_7758021_tim...-illinois.html
  
  

Disagreeable - what law are you referring to? I have been up and down the state statute and can find nothing.

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

Disagreeable - I have posted what I know. Yes, I left everything other than the clothes on my back and whatever was in my car. Fortunately I did keep my laptop. I also posted the guess at value, over $10,000. All major appliances, all clothes, electronics, household supplies, tools, furniture, a book collection, some things I would have considered priceless though I don't know what their actual value would be. Things I can't help but think a reasonable person would not have drug outside and left without making some attempt to contact me - and as I said, I made multiple efforts to contact the bank. I actually have created a list of what was lost as best I can remember (I had a partial inventory I was working on saved on the laptop, and a program that kept a complete inventory of books, DVDs, and CDs).

I do not understand what happened and when, other than the statement I got today from someone at the bank that said it was disposed of. I am assuming that meant no storage and no auction sale, just pitched. AFFA - I appreciate the advice, in that I saw this said at a couple of places I visited, but I can't find anything about it in the law, and some places seem to say they don't have to do anything at all.

It doesn't make any sense to me. I was told not to return, like I said, and made the decision not to return until I had the bank's explicit permission. It seemed like a reasonable position to take, but I never got any permission or hardly any answer at all from the bank until today. The bank drug its feet at contacting me back by ignoring or offering form answers to any email I sent. I did not once get a helpful email from them, though I kept emailing because they at least seemed to get and read them. (When I called, reps would refer to emails listed in my account.) When I called, I tended to get the runaround, but no clue until today that the items were gone. Either each rep hid this information from me after looking through my account, or they were disposed of fairly recently. I don't have any way of knowing which. I can't help but think someone might have told me that sooner, though, if they did get rid of the items right away.

I can find nothing in the state law either way regarding the property (although maybe I am not looking in the right place, not being an attorney), and every website I visit I get conflicting answers posted regarding what, if any, responsibility the bank had about my possessions. This is not Cook County if that's what you mean. I am unaware of any other county that might have relevant laws. I really would like to get some facts, and all I can find are guesses. If the law says nothing, then I don't understand what happens - isn't there some sort of standard behavior that should apply? Sorry, I hope this does not come off as too harsh, I am guessing you are at least well-intentioned, but this is very frustrating and I have no idea what to do about it.

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

Also regarding your link - eHow, I learned the hard way, is not a reputable source for anything legal. eHow says that the bank had to get an eviction notice to evict me, and they do not (and did not). I am very acquainted with the link you posted - and it cost me, as it contains wrong information.

[Disagreeable]

Re: Bank has disposed of my entire household (Illinois)

Like it or not that is usually how it goes. For example here is the procedure for Lake County IL. Where exactly do you think the spot they will be told by the deputy to put the stuff is?

On the day of the eviction the plaintiff must have a minimum of 3 capable
movers and a locksmith (if necessary) at the property at the specified time of the
eviction. Tarps and bags may be necessary in case of inclement weather.
The Deputy will meet the plaintiff at the address and notify the party where to put all
belongings left in the property. Once the eviction has been completed, any belongings taken out of the property must remainat the designated spot for a minimum 24 hours. After this time frame it is the responsibility of the plaintiff toremove the belongings according to the city ordinances. Please contact that city for any questions on their ordinances

.



http://www.lakecountyil.gov/Sheriff/...reclosures.pdf

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

"usually" - Disagreeable, I didn't come here for guesses. Isn't this a legal forum?

Anyone else, do you have any idea what the law says?

[danicaD]

Re: Bank has disposed of my entire household (Illinois)

Too bad to hear that. The foreclosure process in the United States should be speeded up to release much needed properties onto the market which is suffering from a lack of supply. Its latest research shows that 20% of foreclosed properties are vacant but not being sold to the public which amounts to 167,680 properties nationwide.

[Friend In Court]

Re: Bank has disposed of my entire household (Illinois)

AFFA - I thought the bank had to inform me if it intended to do that, and there had to be a hearing. We're talking about my personal property, whatever happened to due process?

Disagreeable - reread. For all I know nothing was put on the curb. All I know is what I was told, items were disposed of.

Not the way the eviction process works. Once an eviction order has been made, one has the designated time to get themself and their belongings out of the house, often only 24 hours. The sheriff comes in with the authority to move everything out of the house to the curb.

Evictions are a very unpleasant process, but that is the way the law works. Yu could try filing a small claims suit but it is unlikely you would prevail.

[tribalchief]

Re: Bank has disposed of my entire household (Illinois)

I guess I had the impression that attorneys used this site and gave advice. But it seems most of the answers just either use Google or offer no citation to back their answer up, which just isn't helpful.

I have found an attorney IRL, so I am not looking for further advice.

[Disagreeable]

Re: Bank has disposed of my entire household (Illinois)

Who I am sure advised you similarly. Of course on the other hand, he might charge you a few thousand to get there.