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.
Presuming you complete your Chapter 7, you most of your debts prior to filing Chapter 7 (i.e. loan on the building) will be discharges and you will not have to pay them back, this I’m sure you heard from your attorney. However, so long as you have the title to the building (you are the owner of record), you are responsible for it. For example, just like you still have a right to collect the rent, you are still accountable to the municipality for possible code violations. Until the bank gets...
Your bk attorney can object to the bank moving forward with the foreclosure case. While you will probably not win this motion, a judge is likely to continue the hearing until after your creditor’s meeting so that the trustee can file a no asset report. This can give you appx another 2 month to try to work things out. Good Luck
A deed in lieu is a process in which you voluntarily give the title to the house to the lender, the lender accepts the title and agrees not to initiate a foreclosure or sue you for a deficiency. Keep in mind, this is a negotiation, and nobody is obligated to agree to this. In my experience, due to the risk involved, lenders don’t do this very often. It is more likely that the lender would be willing to accept a consent foreclosure after the suit is initiated, which would mean you give your...
When you co-sign you become liable to the lender just like your brother. Generally, unless your credit report will indicate some late payments, I do not think that your rental application will be jeopardized by you co-signing a loan. However, should you ever want to purchase a property, a lender will definitely take your other loan obligations into consideration. Good Luck.
I would start with contacting the condominium association. It is likely that they have the authority to issues a warning or tow the vehicle. If this cannot be resolved through the association, hire an attorney. Good Luck.