Get free answers to your Foreclosure legal questions from lawyers in your area.
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.
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.
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.
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 
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
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.
answered on Dec 18, 2017
Did the grandmother put the mother's name on house after she took out 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.
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
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
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.
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
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.
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
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
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
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.
She doesn't allow me to see him unless it's up to her no court or visitations set.
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.
answered on May 5, 2017
Foreclosure may require more than one court order.
Court orders are signed by judges.
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
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
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
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?
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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
answered on Aug 3, 2012
Take a look at illinoisprobono.org. This is taken from their website:
Debt Collection: Exemption Rights
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Author: Attorney Desk Reference Manual
Last updated: August 2010
Money and Property Exempt From Judgments (Exemption... View More
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
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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
The complaint states the capacity in which the plaintiff brings this foreclosure is the Mortgage under 735 ILCS 5/15-1208. They also list the assignment recorded as n/a. Don't they have to state who the actual holder of the Note is or who the assignment is under to have Standing to bring... View More
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answered on Jul 10, 2011
Generally speaking that is correct. Your posting seems to indicate that there may not have been an assignment of the note. However, they still need to sue based on the note and produce the original
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