Legal Question in Real Estate Law in Illinois

The foreclosure attorney may have NO clue about the short sale, and the workout people at the bank may have no clue about the foreclosure -- the way things are one hand doesn't know what the other is doing. But you know what a short sale is -- the price won't even cover the mortgage and the lender is being asked to take a haircut, and that decision may take time. And the case could go to judgment before the lender ok's the short sale, which would complicate things. It saves money not to hire an attorney to fight a foreclosure if you have given up on the situation, but you're relying on the foreclosure attorney to have gotten the facts straight from the lender, including the right amount owed, interest calculations, tax and insurance escrow considerations.... The lender already incurred court costs and attorney fees.... There are a lot of balls in the air. The motions should specify what is going on, and if one is for a default judgment, not only would you want to make sure the amounts are correct but also that the short sale isn't jeopardized. You could go to court yourself but that's a terrible risk even if courts do take care when people represent themselves. I have to recommend you get counsel but those are some things to think about. Hope it helps.

Any defendant in a foreclosure lawsuit would be well advised to retain counsel in order to protect, or at least monitor the proceedings, and possibly negotiate short sale, deed in lieu, etc. Please contact me if you have any further questions.

Regards.

my advise is to hire an attorney to represent you in court, because the mere fact that you are trying to sell the house does not mean the bank will stop the foreclosure to allow you to do so. you should make every effort to prevent a judgment being entered against you. if you have any questions, i can be reached at 312-372-5600.