I am attempting a short sale on my West Chicago Condo to save it from foreclosure. I am past due on association dues and want to

Asked about 5 years ago - West Chicago, IL

I am fighting foreclosure on a condo in West Chicago (dupage) 60185. I am working on a short sale with a deadline of Nov 18th for foreclosure if the short sale goes through I am still fighting a forced move on Dec 15 from my association. I am behind on my Association dues and want to know if I have rights to make payments to get the dues up to date or if the Associaiton has no obligation to work with me once they've taken me to court Please help

Attorney answers (2)

  1. Ahmad Tayseer Sulaiman

    Pro

    Contributor Level 13

    Answered . Please consider a Deed In Lieu of Foreclosure. Essentially you will be giving the property back to the bank in exchange for a full release. Please visit Sulaimanlaw.com for a full explanation. Failing that you would try a consent foreclosure, essentially the same thing but it is done through the court. Both procedures are outlined in the Illinois Mortgage Foreclosure Act. Please hire competent counsel to achieve this goal. Listen very closely, Short Sales are difficult and from our experience rare. They are commonly used by the bank as a carrot to keep you from defending the lawsuit. Please find an attorney in your area to discover if you have can put up any defense, even at this late stage to force the above referenced maneuver.

  2. Howard Robert Roitman

    Contributor Level 17

    Answered . Depends entirely on your cc&r's and local law. Get a copy of the cc&r's and explain your situation to a local real estate lawyer. He may have something for you. Associations almost always screw up something and this may be a defense.

    Real Estate Lawyers are slow right now and you may find one who will cut you a brake on the fees.

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