Legal Question in Real Estate Law in Illinois

Forclosure during divorce proceeding

I'm presently in the midst of forclosure. what jurisdiction does the law state this forclsoure can be interrupted during divorce proceedings if any. I have no attorney and we were in the middle of a chapter 13 and was given custody of our 11 year old with no temporary support.


Asked on 7/20/02, 8:33 am

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Forclosure during divorce proceeding

The automatic stay provisions in a Ch. 13 proceeding are subject to modification if your Chapter 13 Plan does not provide for payment of the mortgage arrearage over the term of the plan. Plus, you have to have the financial capacity to make current payments. Good Luck.

Read more
Answered on 7/22/02, 9:08 pm
Thomas Moens Moens Law Offices, Chartered

Re: Forclosure during divorce proceeding

If I understand your question correctly, a divorce will not interrupt a foreclosure. A bankruptcy will, though only temporarily. If you can come up with all the money owed, as well as attorneys fees and court costs, you might have the right to pay them to stop the foreclosure. That would depend on the circumstances.

Read more
Answered on 7/20/02, 4:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois