Legal Question in Real Estate Law in Illinois

A bank on a. Cross colaterial loan for 3 propertys kept funds from the sale of one property enough to get corrent on other two loans or propertys plus kept about 40. Thousand dollars in excess. And still foreclosed is this legal should I get excess and sue for illegal foreclosure procedings


Asked on 1/27/11, 8:47 am

2 Answers from Attorneys

You had 3 properties cross-collateralized (which could also mean cross-defaulted), one was sold (how - foreclosure sale, auction, short sale, what???) and the proceeds were applied (by the bank???) to bring the loans on the other 2 up to date and kept another 40K and still foreclosed (on the 2 unsold).....Right? Well, it sounds like the proceeds didn't take care of the sold property, so with cross-collateralization and likely a cross-default situation, they can still foreclose if the documents allow them to. I think you ought to hire an attorney to sit down with you and figure out what really happened and see if you can be protected here. An attorney would have to review all of the documents that evidence this secured loan. This is way too complicated for this kind of "free" forum.

Read more
Answered on 1/27/11, 2:45 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I agree with Stephen. You need to have counsel review all of the loan and sale documents.

Read more
Answered on 1/29/11, 4:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois