IL - Summons for Foreclosure Left at my Door!

[kila1980]

Last Sunday a man came to our door and my husband was sleeping (he was on midnights). He said the guy was beating on the door so he did not answer it because he was not dressed and did not know who he was. Anway so I get home and the guy comes back at about 7:30 p.m. My husband was back in bed and the guy again was BEATING on the door and the siding too. I was inside but I was scared to open the door (It was a BIG dude). So finally he gets back in his car and I go look out the window and I see him filling some paperwork out then he pulled away. Later that night as my husband was leaving he found a "Foreclosure Complaint" and a "Summons" left in between the storm door and the steel door. The summons says I have 30 days to go to the courthouse to "Contest" the foreclosure. I kind of thought we would have been given a court date.

So I guess what I am asking is, can they just leave this in door for me? I looked online and I only found one thing that said that it had to be given to me, my husband, or someone over the age of 13. Can I contest it?

Also why did I get a summons saying I have 30 days to come to the courthouse to appeal?? I thought I was supposed to get a court date.

I am in IL. We are filing bankruptcy but we are trying to come up with the $$ to do it.

[free2breathe]

Actually, they can serve you like that. In Illinois, if the process server cannot find you, they can actually "serve" you by placing a public notice.

"Upon a borrower’s default, a lender can file a Complaint to Foreclose Mortgage with the court. The Complaint is then served on the borrower and any other named defendants. If a defendant cannot be found, Illinois law allows for service by publication. Once service is obtained, a defendant has 30 days to file an Answer with the court. If the defendants fail to file an Answer, the court will enter an order of default if requested. If the borrower or other lien holder files an Answer contesting the foreclosure, parties can litigate the matter and possibly go to trial.

Once judgment is entered in favor of the lender, the borrower has a statutory 90-day redemption period before a sale can take place. The court can shorten this to a 30-day redemption period, if the property is abandoned. The court also has the authority to extend the redemption period."

[kila1980]

Really? Our State's Legal Aid Website says this:

What are Proper Methods of Service?

A party to a lawsuit must receive notice of the lawsuit by receiving a copy of the complaint and summons. This is called "Service of Process." Service is proper if a summons is served:

By the sheriff of your county
By licensed process server
By certified mail
A licensed process server is someone who has a license from the state which gives them the power to serve people with summonses. A sheriff or licensed process server can properly serve someone in the following ways:

By giving the summons and complaint or petition for relief to the other party personally at their home or at another location; or
By giving it to someone who lives with the other party who is at least 13 years old.
There are separate rules for service of process on corporations and partnerships. Generally, the summons and complaint must be served on the registered agent for the corporation or partnership or on an officer of the corporation or partnership.



My friend told me that she knows someone that serves and they are supposed to hand it to you and they are supposed to write down a description of the person to prove they served them???

[Charlie777]

Avoiding service is never a good idea. You know about the case and have 30 days to file an answer. If you file an answer, contesting the foreclosure a court date may be set. But it sounds like you're behind so what would be your grounds?

You would need to get the mortgage current to keep the house in a Chapter 7 Bankruptcy. It sounds like that will be difficult if you can't raise the money to file. You can file BK13 without having all the money upfront, which would be what you would probably have to do to keep the house.

You really need to take some deep breaths and decide what your objectives are.

[free2breathe]

Ok, this is what I found:

"(735 ILCS 5/2‑206) (from Ch. 110, par. 2‑206)
Sec. 2‑206. Service by publication; affidavit; mailing; certificate.
(a) Whenever, in any action affecting property or status within the jurisdiction of the court, including an action to obtain the specific performance, reformation, or rescission of a contract for the conveyance of land, plaintiff or his or her attorney shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides or has gone out of this State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him or her, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party. The clerk shall also, within 10 days of the first publication of the notice, send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the clerk that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so."

The server will attempt to serve the papers. If they can't, then the process goes to "publication". I would guess (and this is just a guess) that the server left the copy as a heads up for you. You will most likely see the publication in your newspaper and also receive a copy in the mail. At any rate, you know that the mortgage company is starting the foreclosure procedure.

[kila1980]

I wasn't avoiding service. I just don't open the door to big burly guys. Especially ones who are beating on my door and then beating on the siding of the house. I figured that's what he was there for but on the small chance it wasn't I was not opening the door without my husband right there. We plan on including the home in the bankruptcy but I would like to draw things out on the house as much as possible. I have tried to get paperwork for morgtage assistance for some time now and they say they are sending it but they don't. They have a call center in India only and the people answering the phones have no clue. One time they lost my payment and I told them I payed it online through my bank account and I could not get it through to them what "internet banking" was.....it's ridiculous. We could afford the mortgage if it was just modified.

[ryan]

In IL, if you answer the FC complaint in a timely manner, you can probably have close to a year in your house, from right now.
....I know.