Legal Question in Real Estate Law in Illinois

Summons of Foreclosure

I sold a home with a clear title 11/2001. Both a first and second mortgage were paid off at the closing. Several months later, out of work and in debt I called Capital One who held the original second mortgage about obtaining funds to pay off some bills. I was informed that I still had an open account with them to use as I needed. I mentioned to the representative that my property had been sold and was informed that they had record of that but these funds were nonetheless still available to me. I did use some of the available credit, made some payments on the debt but subsequently declared bankruptcy which was finalized 04/2003. Since the original sale of my property in 2001 I have had no interest in any other real estate. Several months after my bankruptcy was finalized I received mail from a company referred to as the Alegis Group informing me that they had acquired my loan from Capital One which had been discharged through the bankruptcy and began to demand payments. My attorney informed them of the bankruptcy and now I have been served with a summons of foreclosure on property I have no interest in. He says don't worry about it. Is he correct?


Asked on 2/19/05, 3:10 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Summons of Foreclosure

Without seeing the complaint, it is impossible to say with any certainty. It is possible the plaintiff is asking for a personal judgment against you, in which case, you should "worry about it." Your bankruptcy might provide a defense, however, there might be some fraud allegations since the line of credit on the second mortgage should have been closed when the property was sold. I understand that you did not intend to commit fraud, but it will be up to you to make that assertion in court if that is part of the plaintiff's allegations. You might want to consult with a real estate attorney in your area.

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Answered on 2/21/05, 9:25 am


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