Legal Question in Real Estate Law in Illinois

I live in Illinois and own a condominium unit and since I have been unemployed and unable to continue to make payment to my mortgage and to condo association, the condo association evicted me after the stay expired. They came and locked up my condo unit and I am unable to get access. I have several questions that I would like to ask.

1. In this case, can I file an emergency motion to appeal from eviction after they locked me out by eviction?

2. Can I get access to my condo unit to move all of my belongings in my condo unit?

3. Do I still have to pay the all overdue balances that I owed the condo association even after I got evicted from my condo unit?

4. Since I have stopping sending payment to my mortgage which is the bank, should my condo unit be automatically belonged to the bank from the day I stop sending mortgage payment to the bank?

5. Would the bank is the one to evict me instead of the condo association?

6. If my condo unit belongs to the bank as ownership, should the condo association sue the bank for judgement intead of suing me for judgement because I am no longer be the owner of the condo unit?

Thanks so much for your assistance.


Asked on 12/14/11, 8:41 pm

1 Answer from Attorneys
Stephen Messutta

Without reviewing all the pertinent documents and court records, it appears that what happened to you is that the association acted more quickly than the bank, which it most likely had the right to do . The bank eventually will have the right to evict as well but first the bank will have to deal with the association's receivable to a point. The association still needs the Sheriff to properly evict, however, and having put a lock on your door may have been inappropriate. No, simply stopping payment on the mortgage does not automatically give the bank ownership of the unit unless you had a very unusual loan. Assuming you had a "recourse" loan where you can be liable for the deficiency between what the bank gets and what you owe, all of your property can be at risk to be sold to pay off that deficiency. Again, however, without reviewing all the pertinent documents and proceedings, however, it would be inappropriate to give you any firm reliable answers. So my best thought is to see an attorney with all the relevant papers.

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Answered on 12/15/11, 7:35 am


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