Legal Question in Real Estate Law in Illinois

We are able to meet our mortage monthly, late but monthly. Our problem is property taxes? Our taxes are beginning to become too much! It is separate from our mortgage. since refinancing, payment was too high to include.We want to sell, even though we may have to take a short sell. Do we try to start finding a house to rent now, wait till we are told to move because of high taxes? Our credit is fair. Thank you


Asked on 11/12/10, 5:34 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

If you cannot pay your taxes, the property will be sold a tax sale. The first thing you should do is discuss your situation with your lender, and the second thing is to find a real estate attorney. Generally, your lender will step in and pay those taxes, since they would lose their collateral if the tax deed was issued. This is not a good thing however, since this will likely result in a breach of the terms of your mortgage, which will allow the lender to begin foreclosure proceedings. The foreclosure will take less time than a tax sale. You should discuss the specifics of your situation with a real estate attorney. Depending on market conditions in your area, you might have plenty of time to sell the property. In any case, you have at least several months before you need to worry about finding alternative housing. You and your attorney can also discuss whether it makes sense to continue making the house payments if you are unable to pay the taxes.

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Answered on 11/18/10, 8:40 am

Tom gave a Great answer. Follow it!

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Answered on 11/18/10, 4:08 pm


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