Legal Question in Real Estate Law in Illinois
on 11/19 we were served with a "mortgage foreclosure summons" and a "complaint to foreclose mortgage" and given a court date of May 8th. Today we received in the mail a "notice to motion" a "motion to dismiss unknown owners and nonrecord claimants" a "motion to defult" a "motion for judgment" and a "judgment of foreclosure and sale" what steps do i need to take prior to this court date and what do these judgments and motions mean? thanks!!
1 Answer from Attorneys
If you review the initial documents carefully, you will probably see that you had 30 days to file an answer. The current set of documents is a request that the court enter the foreclosure judgment based on your default. You may still be able to file the answer if you have a position to take against the foreclosure. If you feel there is any argument that can be made in the foreclosure case, you should promptly retain an attorney to appear.
If you are now in a position to pay your mortgage and meet your other living expense, you should seek counsel to see whether Chapter 13 bankruptcy may be used to get you caught up. Otherwise, you may need to consider Chapter 7 bankruptcy to avoid any ongoing responsibility for the debt after foreclosure and to deal with any other creditors you may have. Please note, you may have bankruptcy options regardless that you have filed in the past.
The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for September 2011 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.