Legal Question in Real Estate Law in Illinois

I live in Illinois and was going through the foreclosure process on my mothers house (she is deceased and the one who refinanced. I have been following the foreclosure proceeding and appearing in court.I am her heir. I requested the Mortgage company "produce the note". On my last court date, I was absent, the Mortgage company was suppose to give the court a status report. The court was advised they were unable to locate the original document and the court ordered the plaintiff motion for default and judgement withdrawn. Can I motion for a hearing and request the respondant mark the subject as a erroneous purported debt "Satisfied" and "Paid in Full"?


Asked on 12/28/09, 3:57 pm

2 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

No.

Not sure you even have standing as you have no ownership interest

Read more
Answered on 1/02/10, 4:19 pm

I agree w Mr. Michelotti and furthermore you are potentially at risk for the deficiency judgment if you in fact "refinanced" the house. You need to hire a lawyer because your question shows you know very little about the process or your rights or obligations and trying to come up to speed on your own while the foreclosure is pending is really doing yourself a huge disservice. If you don't know what a deficiency judgment is right off the bat, that should tell you what you don't know could hurt you. Good luck.

Read more
Answered on 1/07/10, 1:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois