I don't think I would settle. There would be a number of defenses that you could muster. Talk to an attorney who handles bankruptcy, and I'd just wait to see. You may be surprised at how long it takes them to do something.
You should definitely hire an Illinois attorney who is up to date on foreclosure law. My experience has been that the modification business is a complete scam. I would seek out how much information they truly have on your loan. That may be a more fruitful argument.
You need to be careful, because the banks will take advantage of you on things like this. Lucky for you, there are a number of good law firms working on this stuff, including Ice Legal in Florida. I would call them and discuss your situation. They may well be able to help.
It depends on what the HOA rules and regulations state, whether they are "covenants running with the land", and a number of other factors. The HOA board should attempt, to the extent allowable by the indentures, to proceed before the foreclosure. After the foreclosure, they could probably sue the homeowner.
Talk to a Boston real estate attorney about this.
Your rights depend on whether you are a renter or an owner. I would also tell you that many foreclosures are invalid because of their lack of documentation. You should talk to a lawyer who is versed in this area of the law. Ice Legal is a firm in Florida with a good reputation on these issues.
Wow. There may be a number of people you could sue, including the mortgage company, the successor trustee, the realtor and others. Of course, all suits require good proof, and that would obviously apply here as well. It's worth talking to someone about, though. Sounds like it might have legs.
I would like to talk to you about your case. It seems that lenders have played fast and loose with many rules in this setting, and you may have more rights than you think.
The lender can demand possession all they want; you do not have to hand over possession until they file suit against you. In the mean time, you should definitely contact a lawyer and discuss your rights. Make sure they know about securitization of loans, MERS loans and other complex foreclosure-related issues. These...
The previous two answers covered the unlawful detainer angle. I would only advise you to make sure that the deed you got actually conveyed good title. There is a tremendous amount of flux in this area of the law right now, and the title insurance you got (if you got any) was probably written by a company that is owned by the law firms who just foreclosed on the property.
"Legally binding"? Probably not. But they point to the constant oddities surrounding foreclosures. You need to figure out quickly what is going on with your loan, and see if there is any action you can take prior to foreclosure.
You should refer to my guide on AVVO for people facing foreclosure, and feel free to call our office with questions.