Legal Question in Real Estate Law in Illinois

I was just served papers from my HOA for nonpayment of dues. I have been in the middle of a short sale for almost a year now. as of January I was unable to continue paying the fees. I told the company that I was working with on the short sale and they had said don't worry we will take care of that at the time of closing to pay back those fees. Obviously I'm upset that I was served and some of the wording in the document states that the Plaintiff (HOA) is entitled to the posession of the property. What does this mean? Can they take it over and if so what happens with the mortgage company that Is the mortgage holder? Will I still owe them too? I wish had watched over this process alot closer when trusting the company who is working on my short sale.


Asked on 4/27/11, 6:39 pm

1 Answer from Attorneys
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

Yes, under state law, the association can evict you and take over your unit for nonpayment of assessments for up to thirteen months. You will continue to be responsible for other expenses (i.e. your mortgage) during this time. If you need further assistance, please do not hesitate to call.

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Answered on 4/28/11, 8:53 am


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