Legal Question in Real Estate Law in Illinois

Mortgage companies

My bank sent us foreclosure papers via certified mail. When I called to inquire, I was told that my bank (chase, which I no longer have) sent them a returned check notice dated 3/23/07 regarding a payment I made July 31, 2006. Is this legal? Now, Ocwen has informed me that I must make two payments in April. And I am unable to make two payments in April.


Asked on 3/31/07, 4:20 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Mortgage companies

If you sent them a non-sufficient funds check in July, then yes, you would be obligated to pay that amount. It is unusual, however, for a bank to send foreclosure papers. First, they are usually prepared by attorneys, and second, you are not properly served unless the sheriff or process server delivers them to you.

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Answered on 4/03/07, 5:48 pm


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