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Illinois Foreclosure Questions & Answers
1 Answer | Asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois on
Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord... View More

James L. Arrasmith
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answered on Oct 13, 2024

In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to... View More

1 Answer | Asked in Collections, Bankruptcy and Foreclosure for Illinois on
Q: Can a judgement creditor get a lien and foreclose on joint tenantcy property in Illinois?

Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?

James L. Arrasmith
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answered on Aug 5, 2024

In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Illinois on
Q: I am pro se, I need to get my lien recognized in mortgage foreclosure case against the person I got a lien against.

I filed an appearance and answer, I showed up to the court date but got scared and didn’t file an answer, I told judge this is too stressful I don’t want to be a part of this case, and now my lien isn’t recognized in the judgement.

Somebody told me all I had to do was file the answer... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2024

Your solution is to retain a real estate attorney, now. Nobody online can tell you what document to file without reviewing the case.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
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answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

1 Answer | Asked in Foreclosure and Products Liability for Illinois on
Q: Yes I would like to know how can I get my house back from my niece who lied to me stole it making money off my mother's
Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. It would be difficult for any attorney to offer guidance based on the brief post. An attorney would want to know the context - whether the matter involved a sale, a will, etc. A consult will probably be... View More

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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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
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

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