Legal Question in Real Estate Law in Illinois
do i need to make my house payment if it is for sale with a broker?
2 Answers from Attorneys
Your question does not provide much in the way of background. I assume you are saying you have the property listed for sale. Until it sells, you are in the same position as you have always been. If you can keep current, do so. If you stop making the payment, the lender will look to foreclose, often after your second payment is missed. If you are financially unable, you may be able to work with your lender regarding the hardship, showing that you have the property listed and are intent on selling at a reasonable market value. They may work with you for some time, but at some point they will decide they have to move forward. Even if foreclosure is started, you often will have months during which you can continue your efforts to sell, but someone needs to advise you on the bottom line numbers. Applying for a loan modification may be an alternative that could give you more time. Have you discussed any concerns with your listing agent or closing attorney?
One thing has nothing to do with the other. Not paying your mortgage risks foreclosure. Consult an attorney if you are in trouble.