I am being sued for non payment, I didnt have a job until last month and now im being sued for back payment of 12000. I just don't have the money but can pay about 500 a month until this is payed off. since 2009 i been in contact with the office telling that i was not working and each time i had extra money i paided. How likely is it that i will loose my home for this matter
If the association is seeking to foreclose a lien on your interest, then your unit may eventually be sold.
If it is only seeking a judgment against you, and it gets such a judgment, it could record same and thereafter seek to foreclose its judgment lien.
The association may be going the eviction route. If so, and it prevails, the judge will, among other things, enter a possession order, which will be stayed for a period of time. If, during that time, you pay all that you owe, the order would be vacated. If you don’t, the association could place the order with the sheriff for eviction. If and when you are evicted, the association would have possession of your unit, until what is owed is paid (by you and/or renters). You would retain title.
Here’s a link to the Illinois Condominium Property Act: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapterID=62.
You probably should retain an attorney.
Hope this helps. Good luck.
Mr. Kuehl's answer is pretty complete for a short one. The only thing I would add is that by hiring a lawyer you might be able to have him negotiate some sort of settlement short of having the unit foreclosed. A foreclosure is an expensive process, and it affects other units in the condo association. A good lawyer can usually work out some sort of agreement to avoid having to lose a unit.
Good luck, but act now.
Try to work something out with the condo association. They do have the right to do a forcible detainer and eviction based upon past due condo fee's. This allows them to get you out of the property and get a renter in the property. Your other option could be a Chapter 13 if the condo association does not have an order evicting you prior to the filing of the Chapter 13. Hope this helps.
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