Legal Question in Real Estate Law in Illinois

Re: collection fees

Your dispute with your condominium association over failure to pay assessments is separate and distinct from your mortgage payments, for which you are attemption to negotiate a loan modification. The condominium association is entitled to take action to protect itself, so long as they are allowed to do so pursuant to their own documents and the Illinois Condominium Property Act.

Re: collection fees

While I may not provide you with specific legal advice because you are not as yet my client, generally speakihng a condo owner is bound by the condo declaration and bylaws and rules that often allow collection fees for unpaid assessments. Have you written the condo management and collection agency explaining your financial situation and asking for time to pay?

Re: collection fees

The association may attempt to collect any fees legally due to it even if there is a foreclosure process. I would hope the loan modification company you are dealing with is run by a law firm. If that were the case, in the short term, the attorneys involved with the modification could inform the association of their representation and have communications come through them, at least relieving you of the stress while the modification process continues. Please visit the following website for further information regarding loan modifications.

http://www.shestokas.com/Mortgage_Loan_Modification.html