Legal Question in Credit and Debt Law in Illinois

I became behind in my assessments due to applying for social security disability 3 years ago and was forced to forego my mortgage payments last Sept. to bring my assessments up-to-date. I had a verbal agreement with the president of the Board of Directors of the condo complex that I would make up the back assessments by December of 2009. Unfortunately, I only have my disability income but have been paying something since Sept. My home is now in foreclosure due to this issue. I was just informed that my back assessments have been sent to a collection agency but had I not called to find out my balance, I would not have been advised. Is it legal for the realty company to send my account to a collection agency without advising me in writing first?


Asked on 5/04/10, 7:25 pm

1 Answer from Attorneys
Stephen Messutta

Not quite sure what's going on here, and more information is needed:

1. Why is your home in foreclosure ("...due to this issue...")? Because you didn't pay your mortgage, or you didn't pay assessments and the association is foreclosing its lien rights?

2. Sounds like you made a personal deal with the Board Pres and then broke your own agreement ("have been paying something...").

3. Sounds like you've known about the assessment delinquency for quite some time ("...3 years ago..."). It's hard to tell how you were aware of this or what if any notices were sent to you. An attorney would want to see all the paperwork, if any, that you received, because if you got proper notice the Association had the right to foreclose its lien and pursue legal remedies and the next thing you'll get is a formal notice from the collection agency or, if the collection agency is an attorney, possibly a court summons & complaint.

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Answered on 5/10/10, 7:27 am


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