Legal Question in Real Estate Law in Illinois

Re: Undisclosed mold in home/Foreclosure MIlitary Person

I do believe (along with the other attorney) that there is some way to halt the foreclosure process for active miltary, though I don't claim to be an expert about that. Regarding the mold issue however, there's a one year statute of limitations to sue for misrepresentations on the property disclosure report.

In that regard, when you say it wasn't mentioned in the "inspection report", do you mean that they had an inspection done and the inspector missed it or do you mean the disclosure report that the sellers provided didn't mention it? If you mean inspection, they may have a case against the inspector. If you mean property disclosure report, they may have a case against the seller or other parties (see above). There's also a mold disclosure in Illinois that may be relevant. Additionally, they may have other claims with which to sue the seller (breach of contract, etc.) that have longer statutes of limitations. But obviously, they don't want to wait; time is of the essence, as they say.

The bottom line is, in a worst case scenario, any judge would be likely to allow them more time than usual in a foreclosure case if they needed it. Having said that, obviously the family doesn't want to rely on the good will of a foreclosure court judge or anyone else for that matter.

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Re: Undisclosed mold in home/Foreclosure MIlitary Person

Unfortunately as they live in Illinois, you really need to consult with an IL attorney. Their law is different from California so I cannot even begin to address the issues regarding the foreclosure, the mold, etc...

I can suggest that if he is in the military, he needs to contact his commander immediately and ask for legal assistance. The military does offer its people some degree of free or discounted legal advice. Further, there is a federal law called the Servicemembers Civil Relief Act (50 USC App. Sec. 501-596), sometimes referred to as the SCRA. The act prevents creditors from taking certain actions against servicemembers while on active duty. Legal counsel provided by the DOD will be intimately familiar with this law and how it might help them. I hope they can get some assistance, that sounds like a miserable situation. Good luck.

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