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Lake County foreclosure defense lawyerFalling behind on your mortgage payments is stressful for anyone. The thought of foreclosure looming is not a situation that any homeowner chooses to be in. The foreclosure process is handled through the court system, which means you can fight it. There are legal defenses that can be presented to help you keep your home. However, it is a complicated process. That is why you need an Illinois foreclosure defense attorney to represent you. Depending on your circumstances, one or more defenses may be available to you. Below are some common arguments that may be applicable to your foreclosure case.

Statute of Limitations Has Passed

Has it been a long time since you stopped making payments to when the mortgage lender started the foreclosure? There is a chance the statute of limitations has passed. Your attorney will be able to tell you whether the deadline has passed or not by looking further into the details of your case.

The Foreclosure Party Cannot Prove Legal Standing

The only party who can bring a foreclosure case is the loan owner. If he or she cannot prove the loan, then there is no legal standing. It is a common procedure for banks to sell loans over and over during the life of your mortgage. Determining the rightful loan owner can be challenging for the bank.

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Chicago real estate lawyerWhen purchasing a condominium, you need to be aware of the various rules and regulations governing the condominium association. For example, if you fail to pay required condominium assessments or common expenses, the association can foreclose on your unit. And if you happened to be the person who buys a condominium at a foreclosure sale, you may also find yourself on the hook for the previous owner's unpaid expenses.

Appellate Court Determines Who is Responsible for Previous Costs

A recent case from Cook County, Shannon Court Condominium Association v. Armada Express, Inc., helps to illustrate how these issues work in practice. This case involves a condo building in Streamwood, Illinois, where the co-owners of a particular unit failed to pay over $5,000 in condo assessments. The condo association, Shannon Court, then filed a foreclosure action and obtained a final judgment evicting the owners in January 2018.

Shannon Court proceeded to rent the unit itself from August 2018 to December 2018. In December, the court approved a foreclosure sale, which was held in January 2019. A corporation, Armada Express, purchased the unit and took possession in March 2019.

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Lake County foreclosure defense lawyersForeclosure is the legal process during which a home is sold to settle an unpaid mortgage debt. When a homeowner falls behind on his or her mortgage payments, the home may go into foreclosure, and the mortgage lender may seize the property. In Illinois, all foreclosures are “judicial” which means that the process is carried out through the court system. In other states, non-judicial foreclosures may be an option, but Illinois law only permits judicial foreclosures. The legal process of foreclosing on a home can take several months to several years in Illinois. If you are concerned that your home may go into foreclosure, talk to an experienced foreclosure attorney so that you can explore potential defenses.

When Does a Mortgage Servicer Initiate a Foreclosure?

Life can be unpredictable to say the least. When an unexpected illness, disability, job loss, or other financial hardship occurs, a homeowner may fall behind on his or her mortgage payments. A mortgage servicer cannot initiate foreclosure procedures simply because a borrower has missed one or two payments. However, when a borrower is over 120 days delinquent on their mortgage loan payments, the servicer may begin the foreclosure. A homeowner who has not been making payments will receive a “breach letter” that notifies him or her that he or she is in default on the mortgage loan. At this point, the homeowner should speak to a lawyer and start exploring alternatives to foreclosure such as a loan modification or short sale. If nothing is done to remedy the default, the servicer will officially begin foreclosure proceedings

Judicial Foreclosure Filing

In order for a mortgage servicer to be permitted to resell a home, the servicer must file a foreclosure lawsuit in court. Typically, a lender will file the petition for foreclosure documents in the circuit court of the Illinois county in which the property is located. However, the servicer also has the option to file the petition for foreclosure in federal court. Once the mortgage servicer files the foreclosure with the court, you will be personally served with a copy of the servicer’s complaint and a summons. You will be asked to file a response that notifies the court of whether or not you intend to object to the foreclosure. If you do not file a response within 30 days, a default judgment could be entered against you. This means that you automatically lose the case and the mortgage servicer is authorized to proceed with the sale of your home. This is why it is so crucial for anyone facing foreclosure to contact a quality attorney as soon as possible.

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Libertyville foreclosure defense attorneysAs the nation has struggled financially due to the shutdown caused by the COVID-19 outbreak, the federal government placed a freeze on foreclosure and eviction proceedings by Fannie Mae, Freddie Mac, and other government agencies. Many of the country’s leading mortgage lenders and banks also announced programs designed to assist homeowners facing difficulties making their mortgage payments.

The specifics of the programs offered by the various lenders can vary widely, as not all institutions can afford to go very long without payments from their borrowers. Such inconsistencies have left many homeowners still worried about what will happen in the next few weeks and months. With this in mind, lawmakers in Illinois are working to pass a bill that would offer relief to renters, homeowners, and lenders before the new month begins.

Bill Would Suspend Rent and Mortgage Payments

Last Friday, Representative Delia Ramirez (D-Chicago) introduced the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act. “We have to make housing an absolute top priority,” Ramirez said. She expressed that families should not have to choose between keeping a roof over their heads or buying food.

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Lake County short sale attorneysIf you are behind on your mortgage payments, you know just how stressful it can be. You may end up losing sleep because you are worried about what will happen to your home. If you owe more on the home than it is worth, you may be a risk of foreclosure. In situations like these, one option that many people find preferable to foreclosure is a short sale.

During a short sale, a home is sold for less than what the owner owns on the home. Additionally, the lender generally agrees to accept less than the amount owed by the borrower by means of a the short sale. This option comes with certain advantages, as well as some disadvantages. If you are concerned that your home may be foreclosed on, a qualified foreclosure lawyer can help you determine whether or not a short sale may be right for you.

Short Selling to Avoid Foreclosure

Research shows that approximately one in every 1,380 Illinois homes is foreclosed on. Foreclosure can be an extremely stressful and embarrassing process to endure. Although foreclosure can happen to anyone, many people feel a great deal of shame regarding foreclosure. The greatest benefit of a short sale is that it can allow you to avoid foreclosure. When a you have a foreclosure in his or her credit history, you will not be eligible for another mortgage for a minimum of seven years. However, this waiting period may be as short as two years if the home is sold through a short sale.

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