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My house is in foreclosure in IL. Can I force the bank to take the house immediately?

Braidwood, IL |

I broke up with my EX 3 years ago. The morgage is in my name, the title in both names. She would not leave the home, so I had no choice but to leave. She was supposed to pay the mortage, but has not. House has been in foreclosure 3 times (currently in foreclosure). This has ruined my credit and not allowed me and my current girlfriend to move on. I found out I could force the sale of my home for a hefty price, but with the current market and the EX living there, it wouldn't sell. Is there a way I can force the bank to take the property now to force the EX out? Are there anyother options I have?

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Attorney answers 1


This message is intended for educational purposes and should not be used to replace the counsel of an Attorney licensed in the state of the questioner. In Illinois as in many other states the Lender will first foreclose on your property and if you do not defend yourself, which is risky, they will have your house sold at an auction and in the event that the home will sell for less than what was in fact owed to the Lender, the Lender may request a deficiency judgment. They have years, in most instances, 10 years to attempt to collect on said judgment. What is wise to do is put up a foreclosure defense and attempt to enforce your rights against the Lender, if any. The goal of said defense being able to attempt to leverage the bank into accepting a Deed In Lieu of Foreclosure. I am not aware of any procedure that would in effect "force" bank to take the property. In the event you are not trying to save the home for yourself, attempt a negotiation whereby you give a deed in lieu foreclosure to the Lender guaranteeing that there will be no deficiency judgment. A judgment is a general involuntary lien, said lien may be placed upon other assets you own. Please check with your local bar association for qualified counsel who could direct you to the right Attorney. Visit for more information. Please consult local counsel to verify the applicability of the above information in your state. Please tell me if this was helpful to you at all. Please do your research, the best kind of Client is the one who takes the time to get informed. No Attorney, Doctor, CPA, etc. is perfect, but informed Clients will always help get closer to the goal.

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