Legal Question in Real Estate Law in Illinois

There are many things to cover without many facts known. The statute of limitations in Illinois for a written agreement is generally 10 years. If you reaffirmed the debt in your bankruptcy, you may be on the hook even if it has been ignored for some time. To the extent you did not reaffirm the obligation, your bankruptcy discharge provides a stay against collection (the lender can proceed against the property (foreclosure), but cannot get a judgment against you personally). If the stay is being violated and the violations persist after you advise the lender/collector, you would have a claim for the violation. Similarly, there are several consumer protection/fair debt collection laws that may apply in this situation. If you remain in the property and want to do so, a bankruptcy attorney can evaluate whether the second mortgage can be stripped off in a Chapter 13 case. Are they trying to collect or are they suggesting you apply for a modification? Even if the latter, you should not proceed without adequate legal advice since you may become committed to something that currently would not be a concern.

Someone should review the bankruptcy docket and your mortgage paperwork to advise you more fully and properly.