Legal Question in Real Estate Law in Illinois

once the bank has given a notice and date to homeowner during a home repossesion to move out in Illinois, does the homeowner have any rights to the property presale? Would they have the right to take others on the property?


Asked on 7/23/12, 11:52 am

1 Answer from Attorneys

Walter Palmer Law Office of Walter Palmer

Eviction does not happen until about 60 days after the sale. Until the house has been sold it is yours. Even then you have a right to pay the loan off for 30 days after the sale. If you damage the house you have problems. All mortgages contain a clause whereby the resident agrees to maintain the house in a salable condition, anyway, so this should not be a problem.

As a practical matter, you can't re-title the property once it is in foreclosure. You might be able to do so in theory but mortgage holder would fight it tooth nail and the judge would almost certainly uphold them.

If this person has enough money to make a difference in the process I would make a contract with them stating that they would pay money to satisfy the foreclosure in return to rights in the property - Subject to approval by the lender and judge, of course. My experience tells me that the lender would not accept this unless the judge forces them to do so. The lender hire law firms to process the foreclosures and they refuse to deal. The lenders usually take the stand that once the law firm has it it is out of their hands. At your next court date (and I ALWAYS advise being there) bring this person with you. It is possible that the judge will require you to file an appearance but bring everybody and see what happens. If you cannot miss a day's work you will loose the house.

Read more
Answered on 8/02/12, 7:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois