I own a condo in Illinois but have not paid my mortgage for the past year. I did, however, keep up with the HOA fees up until 5 months ago. I recently received a "Thirty day notice and demand" from the Association's lawyers. I would like to know what I can do to protect myself from an early eviction. Thank You
1 Answer from Attorneys
The association has a right to maintain an eviction action. They gain possession and theoretically can rent the unit until they have covered your deficiency.
There is some likelihood that money would talk. They probably do not want the hassle of managing the unit, so if you can come up with a couple months' payments and suggest a plan, they may be willing to postpone to a new date.
Alternatively, if it is likely you will be filing bankruptcy because of the foreclosure, you may want to arrange a consultation to evaluate whether it is a good time to do so. The bankruptcy itself will gain you some time since the automatic stay would go into effect. They can move for relief from the stay, but they may not find it worthwhile and, even if they do, they would have to set a date in bankruptcy court, then set a new date on the eviction.
The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for March 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.
I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.