Legal Question in Real Estate Law in Illinois
We are the defendants in a foreclosure lawsuit filed with PNC listed as the plaintiff. When I called PNC to discuss a repayment plan, I was informed that they sold our mortgage in Sept. 2009, eleven months before the lawsuit was filed in Aug. 2010. Is this right? Can a company file for foreclosure after they have sold the note?
2 Answers from Attorneys
Get to an attorney. MANY mortgages were "sold" through "MERS" and some lenders thought they still "owned" the paper. Your mortgage may have been one actually sold and if the wrong lender is the plaintiff, you have grounds to complain. And there may be even more mistakes.
It is possible that the wrong party is suing for foreclosure. There have been greater mix-ups in foreclosure cases. Other possibilities are that the loan was transferred, but PNC was given servicing rights or that they only transferred servicing. An attorney would really need to determine what is happening and appear for you in a timely manner. If you would like to oppose the foreclosure, you need to move forward. Depending on the issue, in addition to any defenses, you may have consumer claims that can be made on your behalf.