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Illinois Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Illinois on
Q: Should i still file a answer and is there anything else i can do to prolong a judgment against me?

I am in foreclosure in illinois. My son was served and did not inform me of the subpoena until after the court date. I then found out the next court date and was present. The attorneys for the mortgage company pushed for judgement against me. I asked the court for more time and they granted me... View More

Michael Goldberg
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Michael Goldberg
answered on Dec 22, 2023

Since there is a legal proceeding in place for the foreclosure, the best advice that I can provide is for you to retain an attorney to represent you in the foreclosure matter. The attorney can raise affirmative defenses that you may have available in order to defend the lawsuit.

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Illinois on
Q: If my dad gave me $215,000 as a gift to buy a house in IL and the mortgage is in my name can I kick him out?

My dad gave me $215,000 to buy a house as a gift. The mortgage broker prepared a gift letter for me (19) to purchase this house in my sole name. I dislike my dad and he is toxic to my mental health. Down the road, I would like to kick him out of my house, since my name is on the mortgage and... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Jul 10, 2023

You're going to need more than free advice on the internet. Consult with a local real estate attorney ASAP.

2 Answers | Asked in Foreclosure for Illinois on
Q: Why would I receive a summons of foreclosure on a property I sold over 10 years ago.
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

Receiving a summons of foreclosure on a property you sold over 10 years ago in Illinois could indicate a potential error or mistake in the legal documentation or records related to the sale.

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1 Answer | Asked in Foreclosure for Illinois on
Q: Do meetings in the judges chambers need to be recorded?

I was asked into the judges chambers where a settlement agreement was to occur. However, I and my attorney did not agree with the settlement. An order did go through that we needed to comply with etc. I am now appealing because coercion occurred in the judges chambers. I requested all transcripts... View More

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

Discussions in chambers typically are not recorded, and that is perfectly normal and legal.

If as you say you were represented by counsel - you should direct your question to counsel who should be the best placed to answer your question and tell you if you have a cause of action for...
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1 Answer | Asked in Foreclosure for Illinois on
Q: do I still need to file a apperance if we have a court date for forclosure but the loan has been reinstated?
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

It is never wise to ignore the judicial process, even if the loan has been reinstated.

1 Answer | Asked in Contracts, Foreclosure, Construction Law and Land Use & Zoning for Illinois on
Q: What Kind of Lawyer do I need?

I bought a home unknowingly there was an open permit pending that the contractor didn't close with the county. Now the County is requesting I close the permit and contractor doesn't have proof of them closing it out. I am unable to schedule inspections due to contractor unable to submit... View More

Frederick A. Lurie
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Frederick A. Lurie
answered on May 13, 2022

You will likely need a code inspection to make sure the work was code compliant.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: How long after winning foreclosure auction may I begin work.?

I purchased an abandoned foreclosure in Stark County IL on Sept 28th 2021. It was winterized by the bank in March of 2021. The door was open so I changed the locks. The roof is leaking and needs to be replaced asap. What risk is there in doing substantial work immediately?

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm assuming that the sale has not yet been confirmed by the Court. You have a few different risks. First, Since the sale has not been confirmed, there is a chance, albeit a small one, that the Court will not approve the sale. Second, I am not sure whether you have had any title work run on... View More

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... View More

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

What is your question?

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1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... View More

Erik K Jacobs
Erik K Jacobs
answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Illinois on
Q: Where can I find a free or fee based attorney to help me save my house? I have kids

Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house

Tim Akpinar
Tim Akpinar
answered on Jan 3, 2021

An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... View More

1 Answer | Asked in Foreclosure, Probate and Small Claims for Illinois on
Q: How to get letter of administration?
Erik K Jacobs
Erik K Jacobs
answered on Nov 19, 2020

In order to receive Letters of Administration, you must first open a Probate Estate. I'm assuming that the decedent did not have a will, so you will be opening an intestate estate. You will need to provide an Affidavit of Heirship, an Oath and Bond, a Petition to Probate the Intestate Estate... View More

1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Real Estate Law for Illinois on
Q: Do I have a claim to a joint interest in the home that my father and I share?

In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... View More

Robert Shipley
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Robert Shipley
answered on Jun 11, 2020

Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... View More

1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
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Justin M. Gillman
answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there... View More

1 Answer | Asked in Foreclosure for Illinois on
Q: Can I get an extention of time to file amended pleadings if I hire an attorney?

I recently realized that I qualify for pro bono assistance in my foreclosure case in dupage county, il. My amended pleadings were due a few days ago, and I have court in a couple of days. I recently found out that I qualify for pro bono assistance due to low income. Can I request an extention based... View More

Robert J. Walinski
Robert J. Walinski
answered on Aug 5, 2019

Nothing is ever guaranteed but generally courts bend over backwards to give foreclosure defendants every opportunity to present a defense. Especially if the defendant is pro-se. So the answer is very probably you can get an extension of time to plead.

1 Answer | Asked in Bankruptcy and Foreclosure for Illinois on
Q: How long do I have if I'm being ejected from my house that got foreclosed on I just found out on this site.
Timothy Denison
Timothy Denison
answered on Mar 16, 2019

It can vary from 30 to .180 days

1 Answer | Asked in Foreclosure for Illinois on
Q: How will filing for bankruptcy affect my bank's foreclosure threats?
Robert J. Walinski
Robert J. Walinski
answered on Oct 26, 2018

Not much. The lender can ask for relief from the automatic stay in order to proceed, or simply wait for your discharge then proceed.

1 Answer | Asked in Foreclosure for Illinois on
Q: Is it legal to sell your house to avoid foreclosure?
Jeremy Wang
Jeremy Wang
answered on Sep 1, 2018

You can always sell your home if you own title to it. The question becomes whether you can afford to satisfy your financial obligations to any creditors holding liens against the title of your home.

1 Answer | Asked in Foreclosure for Illinois on
Q: If I don't want to contest the foreclosure proceedings that I'm named in in Illinois, do I have to file an answer?
Robert J. Walinski
Robert J. Walinski
answered on Jan 5, 2018

Provided that you do not wish to retain whatever interest you have in the property, no. You will be defaulted and your interest foreclosed. Of course if the complaint seeks a personal deficiency against you as the mortgagor you would probably want to file an appearance and answer.

1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Landlord - Tenant for Illinois on
Q: Tenant right on a house being sold as foreclosure on auction.com

We have been renting a house with no lease, on month to month bases. My neighboor told me it's being sold. I went online and it does say house will be auctioned 13/18. I never got any notice or warning about this from my landlord or anybody. What are my rights in this situation? How long do I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 1, 2018

My general advice to people in your situation is to start looking for a new place immediately. Even if a buyer at auction takes title subject to your rights as a tenant, he or she can give you notice at any time that your lease expires at the end of the calendar month following the one in which... View More

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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