how do I know if the apartment is on foreclosure
There are a few ways you could go about it. As pointed out by one of my esteemed colleagues, you can check the court docket at www.cookcountyclerkofcourt.org. Select "online case info," then "full electronic docket search." Under "Division Name" select "Chancery." Then go to "Search by Name," select "defendant," and then type in your landlord's name. This may not work, though, if your landlord owns the building in another name, such as "Landlord's Building, LLC."
Another way you can check is to type in the property address on Zillow.com. Often the foreclosure will be reflected here, because a "lis pendens" notice will have been filed that will indicate the property is in foreclosure.
And, speaking of lis pendens notices, you can also locate such notices if you search the web site for the Cook County Recorder of Deeds. Once you enter the property information, you'll see everything that has been recorded against the property's title, including a lis pendens notice.
Good luck.See question
I retired April 2013 and surrendered my home September 2013. I was told to fax a surrender letter and after this was done and my confirmation received, I was informed I will still go through foreclosure. I am 64 and retired early due to stress on ...
If you are asking if a traditional IRA is safe from a judgment creditor, the answer is yes. A traditional IRA is a retirement plan under the applicable provisions of the Internal Revenue Code of 1986, as amended. Please see the Illinois Statutes at 735 ILCS 5/12-1006.
Your question makes it sounds as if, despite the surrender of the home, you are being pursued for a personal deficiency. If that is the case, I strongly recommend a consultation with a foreclosure and bankruptcy firm.See question
I sent a loan modification package to my mortgage lender yesterday. Today,. I received a letter from a foreclosure firm stating that they are attempting to collect my entire mortgage amount, and that I have 30 days to respond to them to dispute i...
My esteemed colleagues are correct. Dual tracking is permitted in Illinois.
As to whether you dispute the validity of the debt -- I recommend a consultation with a foreclosure attorney on this issue, so that the attorney can review the letter.See question
My mother qualified for the 2011 Senior Freeze Exemption (like homeowners exemption but better) for her residence in Cook County, IL. The deadline for this was early (March?) of 2012. She has qualified for this exemption for many years. This...
Your mother should file a certificate of error. Here is the link to the form from the Cook County Assessor's web site.
Also, do call the Assessor's phone number on the form. The Assessor's staff would be glad to answer any questions that you may have and provide guidance-- they are knowledgeable, helpful, and courteous.See question
plus what happens with the mortgage if we move out of the home?
It sounds as if you may not have paid any new HOA fees that accrued after filing the bankruptcy. When you file for bankruptcy, the only HOA fees that you get to discharge are those that were incurred before the bankruptcy filing. Any HOA fees that accrue after your filing are, unfortunately, still your financial responsibility. If you did not pay them, the HOA can take action to evict you and collect on any unpaid assessments.
There is a silver lining. If you received a discharge, you need not worry that the bank will try to collect on the mortgage debt.See question
I have asked her many times to remove her name from the house, so she will no longer have that debt but she will not do it.
I agree with the previous poster -- your girlfriend can't just "remove her name" from the debts. You'd need to get new loans or assume the loans. After the bankruptcy, you will be the only one responsible for these debts, unfortunately.See question
The judge granted the mortgage company approval of the sale of my home
I agree with Mr. Fish that you should call an attorney right away to determine your options. As Mr. Leahy noted, you can buy yourself a minimal amount of time if you appear before the judge and simply ask for it. But if you have an actual defense to the foreclosure (and that's a more common situation than you would realize), a foreclosure lawyer may be able to help you.See question
During our bk I received the reaffirmation paperwork, I remember signing it and I am positive I sent it back to attorneys. The lenders said they never received it and debts were discharged. .( attorney also said theybdont have it in files)If for ...
Are you sure that you did not sign something else? At first blush, it sounds as if you didn't sign a reaffirmation agreement for either mortgage, but just think that you did. And even if you did and your lawyer just stuck it the file, those debts have already been discharged.
I almost never recommend that a Chapter 7 client reaffirm a mortgage.There is no advantage in doing so, unless the lender offers new loan terms that are incredibly favorable to the borrower -- which is extremely rare.See question
I fell on the property and now she wants me to move, because I am sueing her.
Absolutely not. This is retaliatory conduct prohibited by Section 5-12-150 of the Chicago Residential Landlord-Tenant Ordinance. The Ordinance provides that "If the landlord acts in violation of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies: he shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months' rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent."
I suggest showing a copy of the ordinance to your landlord (you can find it on the Internet using a reputable search engine).See question
Second mortgage holder filed a Notice of Default on 8-12-2011. I filed for Chap. 7 on 9-29-11. First mortgage holder filed for and was granted relief from automatic stay and is proceeding with foreclosure. The send mortgage holder has just filed f...
I agree with the first answer. Note that, although the QWR is not an effective delay tactic, it is a useful tool for "informal discovery." Moreover, a servicer's failure to respond to the QWR in accordance with RESPA can also give rise to a counterclaim, which will effectively delay the foreclosure proceeding.See question