Gutierrez family and supporters go to court, demand TCF Bank give principal reduction instead of eviction notice
CHICAGO, IL – On Tuesday at 8:45 AM, supporters of Juan F. Gutierrez and Domynika Pawelczak and members of Communities United Against Foreclosure and Eviction will gather on Daley Plaza at the corners of Clark and Randolph and demand that TCF National Bank return the Gutierrez family’s home. TCF foreclosed on the home and bought it back at auction on May 13th, 2013.
Gutierrez family are bringing supporters to court to convince TCF Bank to return their home with a principal reduction on August 13, and will hold a press conference at  8:45 a.m. at the Daley Plaza, Clark and Randolph; court at 50 W. Washington, room 2810, at 9:15 am.
Like 49% of all homeowners, Domynika and Juan initially fell behind partially because of a problem when their daughter became ill and required spinal surgery. With the house underwater and the interest at almost 7.5%, Juan lost a job and TCF began the foreclosure process. A HUD-certified counselor told them that TCF Bank had a reputation for not working with customers, saying there was nothing they could do.
The Gutierrez family began writing letters to TCF and talking to other neighbors in foreclosure, asking them to call-in to the bank to negotiate before the May 13th auction. Without delaying the court process, TCF offered them a new loan less than a week before the auction that added $22,000 to the principal, and asked for $4,000 up front, and reset the mortgage for 30 years again. They also made them purchase homeowners insurance to a property that was never taken off auction. Afraid of being even deeper underwater and finding themselves in further financial trouble, Domynika and Juan refused this offer and demanded a principal reduction instead of a principal addition.
TCF Bank foreclosed on their home and purchased it back at the auction, adding one more to the 453 homes auctioned in their Garfield Ridge neighborhood since the start of the foreclosure crisis in 2008.
Tuesday, members of Communities United Against Foreclosure and Eviction, and supporters of the family will come together at their final court date and ask TCF bank to return their home with a principal reduction, and not enter an order of possession.
