Adam J. Lysinski’s Answers

General rule is that if you did not sign the note, the lender will not be able to collect any money from you. It is common for the lender to include the name of the spouse (even if the spouse is not on the deed) in the foreclosure suit, but that does not mean you will be responsible for any debt.

Based on what you wrote, I would not worry about this too much. It sounds like your old landlord might have issues with the condo association, and potentially violated the Chicago Landlord Tenant Ordinance, which would entitle you to a counter claim. I don’t think you will be hearing from your landlord, but you can always check the circuit clerk’s website or call 312-603-5030 to find out if a case has been open against you. Good Luck.

I'm sorry to hear about your situation. Eviction process takes several months in Chicago. Whether you should stay or go really depends on your personal situation, the lease, and what type of building you are in (see if Chicago landlord tenant ordinance applies - which might give you some recourse). I suggest you find your lease and see an attorney. Good Luck

I agree, legally most of the time the bylaws will allow for recovery of legal fees. Practically, the association does not really need to engage in foreclosure action, but regrettable it does have that option. Sorry to hear about your extra expenses. Good Luck.

I agree. Additionally it is traditional in Chicago for the seller’s attorney to order the title commitment and prepare the closing documents. As a general rule, at a short sale you will not be able to take any money away from the closing. It is likely that attorneys fee will be included in the closing fees, and depending on your payoff letter, you will probably not be required to bring any additional funds to the closing. Lastly, some people might stand to really benefit from not doing a...

I agree with the above answers. One other possibility is to offer them money to move out. If you consider how much time and money it takes to evict your tenants, maybe an offer to move out by a certain date for certain amount of cash would help you out. There is no guarantee that they will agree, but it might be worth a try. If not, start of by serving them with the proper notice. Good luck.

I agree with the above answers. See an estate attorney. While the basic laws in theory would offer some protections, this property should be put in a trust. Good luck.

I agree. It is possible that you might have counterclaims against the bank, and defenses to the foreclosure. In these cases, there are often other factors that would help you defend the foreclosure. For now, avoid getting a default judgment entered against you, and talk to an attorney that handles foreclosure cases. Good Luck.

From the limited information that you provided, it sounds like you should seek to file an amended complaint with the additional counts against the new defendant. It’s hard to tell if that’s the best option for you, consider seeing an attorney. Good Luck.

Sorry to hear that you lost your property. Generally the property should be vacated by 30 days from the confirmation order. If not, the new owner can ask the sheriff to evict you. Keep in mind, Illinois is not a self-help state. No one has a right to evict you except the sheriff. Also, you have no obligation to let anyone into the property during your stay. If you feel that you need more time, you have to get a court order extending the time of possession. Good Luck.