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Illinois Foreclosure Questions & Answers
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

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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
Burton A. Padove 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
Burton A. Padove 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... Read more »

Burton A. Padove
Burton A. Padove 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... Read more »

Burton A. Padove
Burton A. Padove 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... Read 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
Burton A. Padove 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
Burton A. Padove 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... Read more »

1 Answer | Asked in Foreclosure for Illinois on
Q: What does a notice of hearing mean?

We received a notice of hearing (regarding our mortgage in Dupage County IL) It gives no information as to what needs to be done and if we have to be present. We do not live in IL. We have a home in IL that is being rented but is in foreclosure.

Burton A. Padove
Burton A. Padove answered on Jul 10, 2011

It means that on the date listed in the notice a motion or an evidentiary proceeding will take place. Usually, a copy of a motion is attached. Without more information being posted2cx9, I can not provide you with anything more constructive. Good luck.

1 Answer | Asked in Foreclosure for Illinois on
Q: I am in foreclosure and have been served with the case.

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 suit?... Read more »

Burton A. Padove
Burton A. Padove 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

1 Answer | Asked in Foreclosure for Illinois on
Q: If I receive a foreclosure notice in the state of Illinois, am I obligated to pay the balance of the loan or other leins
Terrence Rubino
Terrence Rubino answered on Jul 6, 2011

when you bought the house, you signed a promissory note to the lender for the amount you borrowed. the mortgage is simply a lien on the property to secure payment of the promissory note. you are indebted to the lender for the full amount still owed and will eventually have a judgment rendered... Read more »

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