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.... Read more »
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...Read more »
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...Read more »
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... Read more »
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.
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... Read more »
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...Read more »
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...Read 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... Read more »
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... Read more »
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... Read more »
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...Read 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... Read more »
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,...Read more »
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... Read more »
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...Read more »
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