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Our condo Association is in litigation with a delinquent homeowner. It has been 30 months since payment. Which route do we take?We Filed a lien after 5 months and have been trying to foreclose. During this time, the mortgage company went into foreclosure and eventually closed their case after payment was satisfied. The homeowner appears pro se, causing delays due to leniency given by the judge. Homeowner is contesting and filed a counterclaim full of lies with no leg to stand on. The Association will eventually prevail. Association was just served notice that the mortgage company is back in foreclosure proceedings. This again will delay the case. Condo can easily fetch $105,000 today. Mortgage balance is $55,000. Our attorney did not go the eviction route probably because she is not aware. Homeowner rents out this unit and I'm wondering if we should and still could go the eviction route and collect rent ourselves. Attorney answers (2)
Reputation Level 12
Answered over 2 years ago.
Foreclosure Attorney in Chicago, IL.
The most important issue is to complete foreclosure of your lien to secure priority over other potential creditors. Next, there are a number of methods to collect on a resulting judgment. Without further information, it is difficult to say if eviction is an appropriate route to take. If you currently have counsel, you may want to discuss with her the option of seeking a second opinion on the matter.
This response is intended for informational purposes only and is not legal advice. Further, this response does not establish an attorney/ client relationship. 1 person marked this answer as good
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Now that you've started the lien foreclosure, you should finish it. I likely would have gone the eviction route in the first place, but now that the foreclosure is started, it has to go through; an eviction at this point probably wouldn't be worth the time and effort involved, but certainly, discuss it with your attorney.
Other answers (1)
Daniel
Answered by a user, over 2 years ago.
Wow 30 months? Anyway, it looks like you need another perspective on the matter. Although I would suggest catalysing the foreclosure process, I am not a lawyer, and therefore do not know the best route to take for an expedient conclusion. HOWEVER, that being said, if I were in your position, I would contact either a second lawyer, or see if your current council can try to do some brainstorming with a trusted professional in his or her field. Perhaps they may even know another lawyer at their own firm. I have attatched a link below to a friendly litigation firm that may be able to help you, if you don't already have council that is (or just wish to get another opinion on the matter).
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