Legal Question in Real Estate Law in Illinois

Forclosure

I recieved a judgement on my house note. I paid the re-instatement fees and my loan is upto-date. my mortage company charged me for forced place insurance when I had insurance when I had insurance - they recieved a copy of my policy and instead of crediting my account they debited it again then moved the loan to another office and I have been unable to get them to credit my account. I filed a small claims suit against them and they tried to get it dimissed based on the fact that I had no supporting documentation (S2-606) and (s2-615) presented with my claim. should I refile my claim with my evidence attached or can I present my evidence at my upcoming hearing to dimiss the suit. I have copies of my statement showing the charges and copies of my insurance showing it was up-to-date. The extra charges were added after the judgement for forclosure was entered. Had the extra charges not been added I would have been able to get my note re-instated before my name was ran in the paper listing a sale date for my house. I feel their mistake (overcharge) contributed to my inability to re-instate the loan earlier. Do I have any claim for deformation of charicter or any recourse for their book-keeping error?


Asked on 6/11/08, 11:26 am

1 Answer from Attorneys
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Forclosure

It's not real clear to me what's happening here. It seems you have a hearing on the defendant's motion in small claims court. If so, you can present your evidence there. You may need to ask for leave to re-file your complaint with the documents attached. But the bottom line is, you should be able to present it in court without re-filing your case.

But you would appear to have a better claim here if I understand you correctly. It would seem the lender has violated some federal rules (and perhaps state as well) with their actions. You'll need a real estate attorney who specializes in such things, but they'll charge you a retainer to do anything. Contact my office if you want to discuss this further.

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Answered on 6/11/08, 12:15 pm


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