Legal Question in Real Estate Law in Illinois
A creditor received a judgement against me and is now pursuing a foreclosure on my resident home to
satisfy the judgement. A lis pendens has been entered on the title of my home. I plan to satisfy the
judgement before the home is sold. Must the lis pendens remain for 3 years? Why can't it be removed
as soon as the debt is paid? Does it matter when it is paid - meaning - before the foreclosure is
granted or afterwards, which would be during the redemption period? I live in Illinois.
1 Answer from Attorneys
Depends on the kind of judgment. What you will probably want is a recordable "Satisfaction of Judgment" and a recordable "Release of Lien" from the creditor. If the judgment will be paid from proceeds of the home's sale, the release and satisfaction can be delivered to the title company something like another "payoff" letter and recorded (at your expense) as the sale closes and the creditor is paid. The "Lis Pendens" notice is only to put third parties on notice of the creditor's claim and if the proper release and satisfaction forms are recorded that ends the matter. However, you are most likely incurring interest, attorney fees and court costs, and a negative credit rating if you wait until the foreclosure goes to judgment and then you decide to pay the judgment off before it is sold in foreclosure. You are taking many risks but may be necessary if you don't have the money to pay the judgment now or if you want to defend the foreclosure. When it comes to recorded documents, lis pendens isn't "removed", instead the proper documents that put an end to it are recorded instead.