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Illinois Foreclosure Questions & Answers
2 Answers | Asked in Foreclosure, Civil Litigation and Probate for Illinois on
Q: What form do I need to file in order to be added to a forclosure case, and speak on behalf of the heirs/ defendants

My grandmother passed and the family wasn't aware of the forclosure. My mother's name is also on the deed. My grandmother never took her off before she died.

Ray Choudhry
Ray Choudhry
answered on Dec 18, 2017

Did the grandmother put the mother's name on house after she took out the mortgage.

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2 Answers | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's... View More

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1 Answer | Asked in Foreclosure and Divorce for Illinois on
Q: Is my spouse responsible for a debt I had before we were married such as a mortgage loan that's only in my name

I obtained a mortgage in 2008. The property has been in my name solely since February 2014 as my ex husband signed a quit claim deed to the property. His name was never on the mortgage loan. I remarried in April 2014 and my current husband's name is not on the deed or the mortgage and never... View More

Robert J. Walinski
Robert J. Walinski
answered on Oct 9, 2017

No he is not liable for the underlying mortgage debt. The mortgagee has in all likelihood named him because he is an occupant. That gives him an interest in the property. Naming him and obtaining jurisdiction over him gives the foreclosure court the ability to extinguish that interest.

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: Im renting this home from this lady and the house is foreclosed but the lady say I have to move what can I do

I gave her 1st month rent and security deposit and now she come to me telling me I have a week to move because she has some one that's going to pay her more money. She never gave me a lease but I have rent receipt . She said I have to be out by next week!! I'm a single mother with 4... View More

Cheryl Powell
Cheryl Powell
answered on Jun 10, 2017

I don't know where u live. U need to call legal services in your area. This is a landlord/tenant problem, not a criminal problem.

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1 Answer | Asked in Foreclosure for Illinois on
Q: My home went into foreclosure & was bought by Owen, the mortgage holder

Before my May 20th deadline, they gave me a couple more months to move. Last week, a lawyer left a letter in my door for me to sign saying I should be out by June 7th. I did not sign. I tried to call him & left a message telling him Ocwen already told me I had a couple more months to move. He... View More

Robert J. Walinski
Robert J. Walinski
answered on Jun 6, 2017

There is not enough information to answer this question definitively. The May 20th deadline could be an order from the foreclosure proceeding to vacate, a date set in an eviction proceeding, or a date imposed by the lender. Unless the deadline is pursuant to some court order there is very little... View More

2 Answers | Asked in Criminal Law, Foreclosure and Family Law for Illinois on
Q: Can my ex call the cops to take my son from me?

She doesn't allow me to see him unless it's up to her no court or visitations set.

Cheryl Powell
Cheryl Powell
answered on Jun 5, 2017

Go to court and get a court order.

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1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: Hello, I am being asked to pay a lien from last owner. Need help to avoid foreclosure!

I purchased a house last year in DuPage county sheriff's auction. At the time judge sent notices to stakeholders to respond and since no one responded in a timely manner, judge turned the title to my name. Now, a year later, a lender is coming after me and is threatening to foreclose on... View More

Ray Choudhry
Ray Choudhry
answered on Jun 4, 2017

The quick and easy way to get to the bottom is to have a title company do a title search.

2 Answers | Asked in Family Law, Foreclosure and Probate for Illinois on
Q: State has Lein on home! How long do we have to get things out after the occupant passes away
Ray Choudhry
Ray Choudhry
answered on May 20, 2017

Question is unclear.

State has lien. What kind of lien.

How long to get things out after occupant dies. How are you connected to the deceased. Did the deceased own or rent.

Has an estate been opened.

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1 Answer | Asked in Foreclosure for Illinois on
Q: In order for a house to go into foreclosure does it have to go before a judge?
Ray Choudhry
Ray Choudhry
answered on May 5, 2017

Foreclosure may require more than one court order.

Court orders are signed by judges.

1 Answer | Asked in Foreclosure for Illinois on
Q: What is a right of redemption and does Illinois have it?
Robert J. Walinski
Robert J. Walinski
answered on Apr 29, 2017

It is the right to pay the balance of the mortgage. If the lender is paid in full , there is no mortgage left to foreclose. 735 ILCS 5/15-1603 provides that this right expires 7 months from the date all mortgagors have been served or 3 months after the entry of a judgment of foreclosure and sale,... View More

1 Answer | Asked in Collections and Foreclosure for Illinois on
Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?

The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all... View More

Robert J. Walinski
Robert J. Walinski
answered on Apr 29, 2017

Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Foreclosure for Illinois on
Q: How long do I have to get out of my home after I file bankruptcy and give the state my home.
Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Mar 30, 2017

Until you get evicted...that is the simple answer.

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1 Answer | Asked in Foreclosure for Illinois on
Q: my home has been in foreclosure since 2014. In July it was published in the paper with a 30 day notice.Now almost Oct,

I was not served papers for foreclosure, so it was published in paper starting in July the 30 days is way over due.Does it mean I have more time?

Leonard R. Boyer
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answered on Oct 25, 2015

You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The lenders all have attorneys, and the only way that your case will be taken seriously by them is by retaining an experienced mortgage foreclosure defense attorney. The defenses to... View More

1 Answer | Asked in Foreclosure for Illinois on
Q: If my house is foreclosed can they garnish my monthly pension I receive (husband deceased)? I'm 76 years old.
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

Take a look at illinoisprobono.org. This is taken from their website:

Debt Collection: Exemption Rights

Print Email Increase Text Size Share

Author: Attorney Desk Reference Manual

Last updated: August 2010

Money and Property Exempt From Judgments (Exemption...
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1 Answer | Asked in Foreclosure for Illinois on
Q: My lender has sent me a notice indicating they wish to foreclose. I have an FHA loan. Do I need an attorney?
Burton A. Padove
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answered on Jul 17, 2011

If you wish to keep your home, you will need to hire counsel.

1 Answer | Asked in Foreclosure for Illinois on
Q: What forms do I need no answer to a mortgage foreclosure summons?
Burton A. Padove
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answered on Jul 17, 2011

You need an appearance form and at a minimum then you need to draft your answer to the Complaint.

1 Answer | Asked in Foreclosure for Illinois on
Q: Recev'd notice of motion for entry of order of default & judgment of foreclosure and order for sale. Do I file an answer

I am in foreclosure and have received a notice of motion for entry of an order of default, for summary judgement against usa and for judgment of foreclosure and order for sale. In the meantime, I am awaiting a response from the lender regarding a loan remodification I applied for. Also, I... View More

Burton A. Padove
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answered on Jul 17, 2011

You would be best served by filing a motion to vacate technical defaults and for leave to file your answer, instanter

1 Answer | Asked in Foreclosure for Illinois on
Q: "required to file an appearance & answer/plead in response" (foreclosure summons). am not contesting. need to show?

Left condo unit last march 2010, in a sinking ship (other foreclosures, bankruptcy, huge special assessments) tried to speed up the foreclosure by initiating leaving the unit. told by the bank in june 2010 the unit was in foreclosure and to contact their legal representation. in august 2010, sent... View More

Burton A. Padove
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answered on Jul 11, 2011

It sounds like there is little to be done at this point based on your actions to date. You will be responsible for any excess beyond the foreclosure sale amount absent a forgivenss of the debt. If there is forgiveness,you will receive a 1099 and may ahve some tax liabilty. Since they accepted the... View More

1 Answer | Asked in Foreclosure for Illinois on
Q: If i was served before the special process server was appointed can i quash the service
Burton A. Padove
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answered on Jul 10, 2011

If you were served by the Special Process Server before the appointment, yes. If you were served conventionally and within the time parameters, no. However, it is pretty academic, as if it is quashed, all that will happen is that you will get served again.

1 Answer | Asked in Foreclosure for Illinois on
Q: If my house is forclosed on, do i owe the difference? and if so, can they attatch my social security? i am 77 years old
Burton A. Padove
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answered on Jul 10, 2011

Yes, you will owe the difference. However, many lenders forgive the difference. Althoug that may sound great, in reality it is not as good as it seems, as a 1099 will be provided to the IRS and you may be responsible for taxes on the debt forgiveness. they cannot directly attach your social... View More

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