Legal Question in Real Estate Law in Illinois
Condo Association Lien on Foreclosed Unit
Hi, I'm part of a very small association (3 units) and we had a lien placed on one of the units for not paying assessments. After the lien was filed the unit went into foreclosure and as a result of the lien the association is a defendant in the foreclosure case. The association received summons and we filed an appearance with the help of an attorney. Well just this week we received alias summons (an amended complaint I guess). My questions are: 1) why do we have to file another appearance (its the same case)? I'd rather not spend the money to do this because I feel that it is highly unlikely that the association would receive any money after a sale and 2) If the association does not answer this alias summons what will happen? Will the lien just get wiped of the record or are there more serious legal consequences for the association to not responding to the summons? The only reason we are a defendant from the complaint is to show that our lien is subordinate to the bank.
3 Answers from Attorneys
Re: Condo Association Lien on Foreclosed Unit
Talk to your attorney, you may be entitled to up to six months' worth of assessments if you follow the proper procedures (see 765 ILCS 605/9(4)).
Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.
Re: Condo Association Lien on Foreclosed Unit
No, the reason why you are a defendant is to extinguish your right in the real property.
Re: Condo Association Lien on Foreclosed Unit
1) If this is the same case, you do not have to file another appearance if one was done properly the first time. You don't answer an alias summons, you answer a complaint or an amended complaint. Since you have already hired counsel, you should talk with that attorney, who has the most information about your circumstances.
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