Legal Question in Real Estate Law in Illinois

Re: Removal of fixtures upon foreclosure

YOu may not remove any fixtures, ie. things attached to and part of the real estate. Of the things you mentioned, they all appear to be fixtures. The definition includes the garage door openers because there is case law that holds things like keys and screens, although removable, nevertheless are fixtures because they are custom to the real estate and necessary or desirable to enjoy it.

YOu did not ask, but I share with you, that quite a secondary market for forclosed properties has sprung up in the greater Chicagoland area, for sales prior to the foreclosure date. There are several things you may still do to realize some alternative other than forclosure that can give you some value. You have 12 days to work on it.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.