Illinois - just got served!

[ryan]

Ryan, it looks like you're going to be the go-to guy for us IL foreclosure people. How long have you been in the foreclosure process? Are you still living in your house? What county are you in?

I stopped making payments in Sept of 2009. In FC since feb1 2010. Still in house. Privacy prevents me from saying what county.

I want to make it clear that I have worked very hard to stay, filing numerous motions, studying late at night for long stretches, and observing court hearings regularly since the courthouse happens to be close by. I can tell you that I recently looked at case numbers around mine and realized I am one of handful that the case is not closed. Most have lost houses sometime ago.

So, at this point I am a survivor, but I have no expectations of wining this case at all. Just investing my sweat to live here at low cost.

Anewpage, I think you can safely plan on 7 months from date of service if you don't contest anything. For example, if you don't file a reply and don't show up at the 5/31 meeting, you would have to be out by the end of August. That is just my guess...

I'll try to offer assistance where possible, but I am not a lawyer and cannot give specific legal advice. One thing I will tell you is be clear on your goals. If you want to stay as along as possible then do those things that will help you achieve that. If you want them to take the house quickly, then act accordingly.

[ryan]

Two rather unique things about IL: #1, it has one of the LONGEST FC timelines by statute. I believe NY is longer and maybe one other. So, for those of us wishing to extend the time, that's a blessing.

Number # 2 (very important!) Illinois has one of the few laws that allows HOA to sue for unpaid assoc dues using an EVICTION type action. Hard to believe?...but It's true.

If you cross a threshold of amount owed, associations in this state routinely file suit to force either payment or eviction. You would still own the house of course, but be unable to occupy it. HOA would change locks etc. They could then rent the property and collect those fees to help them recover unpaid HOA Dues.

I have actually seen house in FC, with owner forced out for dues default, long before SJ & sale. Weird but true. Attorneys I know have confirmed this as well. I personally have seen the complaints copies posted in courthouse for these type of actions.

So, if at all possible, try to keep the HOA dues up. Just heads up to Land of Lincoln folks!

[Anewpage]

Thanks, Bold guy!! <g>

How about if I just call them up and tell them I am unable to come since I just got a job after 2 years of unemployment/partial employment....and ask them if they would like me to take a day off & risk losing the job...so they can pay unemployment for some more undetermined time????? <g>

It is very scary in this area. Nothing is selling. Not sure why the mortgage company would want this house. The appraiser that they sent out, copied me. The value was about 1/2 of what it was 4 years ago. The reasoning was that there are so many short sales and foreclosures in the area, you can't sell a house conventionally!

A new page..............

By showing up at the first hearing, is that the 5/31 date? I should have a vacation day by then!

[ryan]

By showing up at the first hearing, is that the 5/31 date? I should have a vacation day by then!

yes, 'by george' it is. Good luck to you!

[CCCrazy]

ryan, thanks for all the help and info...my HOA dues are up to date, so no problem there. In spite of being almost 25% underwater I want to stay in my house and i want a loan mod - as I said, I don't know if being a FHA loan helps or hurts me, and if the bank would want to work with me at all. I have a 6% interest rate currently but want the loan amoratized to 40 years and a lower interest rate for a few years. I'm 7 or 8 payments behind and just received my letter of acceleration this past week. FC officially starts with the NOD letter or being served?

[ryan]

ryan, thanks for all the help and info...my HOA dues are up to date, so no problem there. In spite of being almost 25% underwater I want to stay in my house and i want a loan mod - as I said, I don't know if being a FHA loan helps or hurts me, and if the bank would want to work with me at all. I have a 6% interest rate currently but want the loan amoratized to 40 years and a lower interest rate for a few years. I'm 7 or 8 payments behind and just received my letter of acceleration this past week. FC officially starts with the NOD letter or being served?

FC is considered to really begin with being served with a FC summons & complaint.