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Can homeowners be summoned for foreclosure at other residences?

Villa Park, IL |

My husband received notification from his father that someone tried to summon him and I for foreclosure. His parents live in Will County My husband and I have never held a residence at his parents house. Someone also tried to serve my husband and I at my parents house in McLean County. I have not lived with my parents since I got married in 2005. My parents and my in laws were not on our mortgage loan. So, our question is can we be summoned for foreclosure at different residences? We were also not deligent. The summons was filed on April 2nd, they tried to summon us on April 3rd, then on the 4th they went to my husband's parents house. Was there a breach of privacy/confidentality when this was done?

Attorney Answers 4


You need to get a copy of the complaint and see why they included you as a defendant. If you lived at the property at some point, they may be under the mistaken impression that you are still an occupant, and they might only be seeking possession from you. If that is the case, I would recommend contacting the plaintiff's attorney and advising them you do not live there and should be dismissed from the case. If they are claiming you are more than just an occupant (i.e. that you are a party to the mortgage loan), you need an attorney.

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My husband and I are the homeowners on the mortgage. Our parents did not co sign on our mortgage loan. We have lived there, DuPage County, since June 2006, and are still residing our residence. My parents live in McLean County and my husband's parents live in Will county. Was it legal for our lender's attorney to summon us at different residences in different counties that either we have not occupied since 2005 or never held residence. They served us on Friday, April 5, but then tried to serve us on Saturday April 6th at my parents house in McLean County. We just want to know if it was legal for the lender's attorney to serve us our foreclosure summons in different counties and at different residences other than the property that is being foreclosed on?


You need to find out who is suing you and why. If you cannot be located at your current address, a process server can be using former addresses to locate you. If there is no reason for some company to be suing you, then you can get the suit dismissed. Knowledge is power. You first must find out what is actually going on. There does not seem to be a privacy breach if a process server is attempting to locate you.

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As stated previously, you need to provide more information. I suggest retaining an attorney that specializes in real estate and/or foreclosures. Good luck.

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Yes, you can be served wherever the process server can find you. More important is why you are being sued and summoned. This is probably a debt that you need to deal with. If you do not take care of it, eventually, the creditor suing you will take further collection activities against you or your property. You will either need to hire an attorney to defend it or file for bankruptcyon protection if you are eligible.

It is important to contact an attorney to discuss your options as soon as you can.

Daniel J. Winter

Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.

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