again and also in 2011 just 3 months ago there was an assignment of a mortgage done on the property what does this mean? Does this mean they have to move if so how much time will they have before they have to be out of the house? Also will the bank be willing to work with them again when this is the second time they filed foreclosure on this property/home-owner. How does the whole foreclosure process work?
Lawsuit / Dispute Attorney
From what you wrote, it difficult to determine what really happened in court. I would recommend that you, at minimum, look up your case on line at http://www.cookcountyclerkofcourt.org/ and see what is going on. If possible, you can also request to see the file on the 8th floor at 50 W. Washington in Chicago, chancery division office. It might be time to ask for help from an attorney that specializes in these matters. The last thing you want is a surprise judgment or eviction. Good Luck.
1 lawyer agrees
You should look up what has been filed against you either on the cook county clerk's website (go to the main page, to online court docket, and make sure to select the category "chancery" and put in your last name as defendant and click submit). It sounds like you looked up your property on the recorder of deeds website and may have seen that a lis pendens was filed. That usually means that you will be served with foreclosure papers soon. The Illinois Legal Aid website and Illinois Pro Bono websites offer excellent information on the foreclosure process. I can tell you that you have a right to remain in possession of the property throughout the "redemption period" at least. The redemption period lasts 7 months from service of the foreclosure summons, or 3 months from the foreclosure judgment, whichever is longer. When the redemption period expires the property can be sold. Once the property is sold, the new owner (usually the bank that filed purchases the property at the auction) can move for possession. Once the possession is entered in favor of the bank, you will have to be out of the property 30 days thereafter. At which point, only the sheriff can evict you. If you do nothing, this entire process lasts about a year. If you defend yourself, or hire an attorney to do so, it will last longer.
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.