Legal Question in Environmental Law in Illinois

Lead

I had a tenant who's child got sick due to lead. The city came out to the building and found high lead levels. A month late the tenant moved out. My wife and I seperated and we moved out as well. The building has not been occupied for over 9 months. I filed bankruptcy and should be going to court for that within the next month because it has been filed with the courts and i'm waiting on a court date. The mortgage company took possession of the building a few months ago and locked us out. The city states that I can be fined up to $700 a day for not complying. In our first court appearance about the lead i explained that they will be foreclosing soon on the building. The judge said get something from the mortgage company showing they took possession. I have emailed, faxed and called several times asking for a letter stating they have took possession of the building and locked us out. I even put in a request to deed the property over to the mort. co. and they denied my reuqest. The city lawyer who told mw I can be fined up to $700 a day called the mortgage company and they sent her a letter stating they will let us in the building. I have no money have tried for the grant with the city and they denied me. What can I do. Cout in 1 wk.


Asked on 5/10/07, 9:41 am

1 Answer from Attorneys
Shell Bleiweiss Law Offices of Shell J. Bleiweiss

Re: Lead

You have a serious problem, and so does the lender. I believe, although this should be checked with your bankruptcy attorney, that regulatory compliance issues are not discharged in bankruptcy. This means that even though you filed for bankruptcy it will not relieve you of the liability to the city (although it may relieve you as to the tenant). You should negotiate with both the lender and the city. The lender will not move quickly into this property until it evaluates the cost to remediate and related exposure. If you would like my help, feel free to contact me at:

Shell Bleiweiss

Law Offices of Shell J. Bleiweiss

http://www.shell-bleiweiss.com

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Answered on 5/10/07, 9:52 am


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