Legal Question in Real Estate Law in Illinois

Could mean several things, which is why you should hire an attorney. For example, if your original loan was with Countrywide and BOA absorbed it, they don't have the original paperwork. Or, the paper was sold off and assigned (including MERS) and it is held between two different owners (note holder and mortgage holder - they are tied but there are separate ownership interests in each. Until this past year not having the original paperwork was a huge problem for lenders trying to foreclose; but things have changed of course in their favor and now foreclosures can proceed without original paperwork. So hire an attorney!

Understand as well that there are options that may help through bankruptcy. Even if you have filed before, there may be help available. At the very least even if you cannot hang on to the house, you may get a fresh start from your debt. Do not tap into your other assets, especially retirement.

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 April 2012 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.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.