Legal Question in Real Estate Law in Illinois
Foreclosure when I am gone
A foreclosure just started a day ago on the apartment which i hold a lease till the end of next April. My landlord owns the property. I haven't got any paper from the court. But the bank sent a hunter to get the tenant' name.
I'll be out of the country for the whole month in November. I am very concerned that if any court paperwork or action happens during the time I am gone, I won't be able to respond. And I am afraid that if I fail to respond to the court order, my belongings could be taken away.
I cann't contact my landlord by any means now. He doesn't reply calls and emails.
Should I still keep paying rent? some legal advice says I should. Some says no. I am confused.
Please help me.
2 Answers from Attorneys
Re: Foreclosure when I am gone
If you don't pay rent as it comes due, you can (and probably will) be evicted. However if you landlord is being foreclosed on, chances are he does not have enough money to evict you.
What does it mean that the foreclosure was started a day ago? There will be at least three months from the date of service on you landlord before a judgment is entered.
It would be another couple of months before the property goes to sale.
mortgagee (mortgage holder) may have a document allowing them to collect rent directly. You would need to pay them if they contact you directly.
It all depends on how much money you want to spend on this issue.
email me if you have any more questions.
Re: Foreclosure when I am gone
Keep paying rent. If the bank goes to court, they will likely get an order allowing them to collect rent from you directly - you will be notified. A foreclosure usually takes a few months to finalise. In the meantime, if you get called to court, go. The judge will explain your rights at that time.
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