We have been in a supposed modification with Nationstar Mortgage but they just keep adding documents that we need to our file and I guess not letting their attornneys know
A Summary Judgment Motion is one of the final steps in the foreclosure process, so this is not to be ignored.
It's not at all unusual for the attorney and bank not to communicate on this. It happens all the time, unfortunately.
It sounds like you want to keep the home, so I recommend consulting with a foreclosure attorney as soon as possible. The Summary Judgment motion is very technical and it's not a good idea to try and respond to this yourself, even if you've been pro se until now.
Good luck!See question
About a year ago i went to court for a condo i had lost to foreclouse i original wanted to modify but i was negelcted, i still payed i couldnt keep up with the payments tho this was 5years ago and on the final court they said all they want is the ...
Unfortunately, unless you had an agreement in writing with the bank that they would not pursue the deficiency, they cannot now be held responsible to something someone said to you in court. If you have a written agreement see an attorney asap. If not, I don't see what else can be done. Hopefully another attorney will weigh in with an option I'm not considering.See question
I move in on June 1 2014 and then a notice from fannie mae was left on door on june 15 2014 saying this is a fannie mae own property now. I contact them and was told that they own the place now and is the owner and to not pay rent to the landlord ...
The answer to this question depends on what stage the foreclosure case against your landlord is in. In general, a property owner remains as the legal owner until the bank gets judgment, the property is sold at a judicial sale, and the sale is approved by the court. If the case is ongoing, the landlord is still your landlord. If the property has sold, then Fannie Mae is your new landlord. I strongly recommend meeting with a foreclosure attorney who can review the details of your case and make a recommendation.
The other big issue here, is the landlord had a legal obligation to disclose the ongoing foreclosure when he leased the property to you. So, he may have some liability for this too, depending on the timing.
See an attorney as soon as possible.See question
An example, charge $20/month as an alternative to a $1,600 deposit.
Assuming your property is in Chicago, you are looking for a way to avoid the strict requirements of the CRLTO and the Illinois Security Deposit Act. An easier way to do this might be to charge a non-refundable move in fee. This is typically much less than a security deposit, but you won't be in violation of any local ordinances if the fee is reasonable. You will want to be careful if you charge a monthly fee though, because lease provisions in conflict with or less protective than the protections of the CRLTO are generally prohibited. Review your situation with a local landlord tenant attorney before executing this plan.See question
I left the house in great condition, took before and after pictures, paid rent on time every month, and kept up on all utilities. I am aware that I will get my full deposit back because my landlord has not given me an itemized deduction within ...
If your building has more than 5 units and the 45 days has passed, you are entitled to recover twice the amount of your deposit. Having met those requirements, as stated above, you must then file suit under the Illinois Security Deposit Return Act to get the money back.See question
we are month to month lease after we did not sign after one year. My fiancée came home on Tuesday and discovered furniture was rearranged and things were missing. she contacted the management company and filed a police report. Two days later the m...
Month to month leases in Illinois may be terminated by either party with 30 days notice for any reason. If they have given you a 30 day notice and you don't vacate by the end of the 30 days, the landlord has the right to file an eviction suit against you. Leaving at or before the end of 30 days will keep an eviction suit off your record. I agree with the above comment that you are probably better off moving to a place where you get along with the landlord, and that is properly managed.See question
My nephew rented a apartment in Chicago he signed a contract for one year also gave a deposit and also gave that monthly rent he has his keys and now the landlord is stating that he wants the apartment back and that he's going to change the locks ...
The landlord can't unilaterally cancel a contract, and he can't lockout a tenant to regain possession. This is called self help and it's illegal in Illinois. Your nephew needs to seek legal counsel immediately.See question
He is not on the lease. He has a verbal agreement with my self and my former roommate who is still technically on the lease. He claims his agreement is with the land lord and not with me. He clams his contract is separate from my lease ...
If he truly has no written agreement with anyone, he is a month to month tenant and can be evicted for any reason with 30 days written notice. If you handed a notice to him personally, the 30 days have passed, and he refuses to leave, you will have to file an eviction suit (Forcible Entry & Detainer) against him. If you are successful, the lawsuit will give you an order for possession that can be executed by the Sheriff to remove him.
This process can be done pro se but it is very technical, and therefore not recommended. At the very least, you should seek legal advice to make sure your 30 day notice was proper and discuss next steps. If the notice was not done correctly you'll have to start over. Ideally, in sticky situations such as this, it's a really good idea to be represented by an attorney.See question
I am currently living with my boyfriend of about 2 years, when we moved in together he became very unstable and strange, for example I have a 9 year old son from a previous relationship that he constantly harasses and threatens and bullies on almo...
Actually, under the Illinois Safe Homes Act, you MAY be able to leave and terminate your lease if you believe there is a "credible imminent threat of harm on the premises." To terminate using this law, you must give your landlord written notice 3 days before or after leaving the premises. If you truly believe you are in physical danger of harm, you should leave immediately and give your landlord notice under this act.
For more information on how the law works, see the following link:
If you are going to terminate under this act, I highly recommend having an attorney help you so you don't make a mistake and have to start over. Once you leave, you should also get an order of protection for your personal safety.
As another poster mentioned, you can also get an order of protection and have the sheriff remove him, but this might take longer and cause more complications. Sometimes leaving is just easier.
Good luck and stay safe.See question
I had to break a lease because my husband lost his job. The owners are asking for 2 months rent. My husband is still looking for a full time job. Is there anything I can do to resolve this.
That's actually a very reasonable request. Illinois law requires landlords to mitigate their damages when a tenant terminates early. 1-2 months is a pretty standard settlement I see in these situations. If you agree to pay the 2 months as settlement, get a written release from future liability. A landlord tenant attorney can help you with a settlement agreement if you're unsure how to proceed.See question