Lis pendends and notice of foreclosure. I the undersigned, do hereby cerify that i caused the above entitled mortgage foreclosure action to be filed in the above referenced circuit court and that the property affected by said cause is described as follows: The names of all plaintiffs, defendants and the case number are set forth above. The court in witch the action was brought is set forth above is listed below. The location (N/A) identification of the mortgage sought to be foreclosed. The undersigned further certifies pursuant to 735 ILCS 5/15-1218: the names and address of the party plaintiff making said claim and asserting said mortgage is: (Bank's name) as trustee for fremont home loan trust series 2006-3. Said plaintiff claims a mortgage lien upon said real estate (Home address)
the nature of said claim is the mortgage and foreclosure action described the manes of the persons against whom said claim (N/A). WHAT DOES THIS NOTICE MEAN????????
It means that the foreclosure has just been filed and that you have either just been served with foreclosure papers or will be served soon. Now is the best time to consult with an attorney. If you are defending yourself, the foreclosure process usually lasts about a year from the time of service before you have to be out of the home. If you have an attorney the foreclosure process will last 2-3 years and your attorney will be able to better litigate any defenses that you have compared to if you are proceeding pro se.
The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.
Real Estate Attorney
A Lis Pendens is a notice that is recorded in the chain of title to alert anyone checking the title that a lawsuit has been filed that MAY affect title to the property. In the case of mortgage foreclosure, if it goes all the way to judgment and the property is sold at a Sheriff's sale you could lose title. On the other hand, many mortgage foreclosure cases are worked out/settled before and after judgment and may not result in a sale to a third-party.
Lawsuit / Dispute Attorney
… what that means is that the lender initiated a foreclosure action against you, and all other parties that might have interest in this property. The lender’s goal of the foreclosure action is to place the property for a judicial sale at an auction, so that the lender can recover some money, or more likely, take the title to the property. That will result in you losing your title, being evicted, and possibly have a money judgment entered against anyone that singed the promissory note. Please note, this will take the lender a long time (over half a year) to complete, and you are entitled to receive notice, and copies of the documents that are being filed in court.
Depending on your position, you might have several options. For example, if you are willing to walk away, you can ask for a consent foreclosure, in which case no money judgment can be entered against you. Some lenders will even offer you cash for keys. If you want to fight the lender on the merits of the case, you may do so directly or with the help of an attorney, which is highly recommended. There might be some other options, such as a short sale or bankruptcy that might help you, but you would really need to discuss that with your attorney before proceeding.
Whatever you decide to do, it’s important that you take action prior to a default judgment being entered against you. You should receive a written notice via mail when that is scheduled to occur. Good Luck.