Legal Question in Real Estate Law in Illinois

Foreclosure with property lien attached

If a bank forecloses on a home and there is a property lien attached, does that lien have to be satisfied before the sale of the property? If so, what action can be taken if that lien was not satisfied before the sale? If not, please explain why.


Asked on 5/13/05, 6:20 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Foreclosure with property lien attached

Depends on when the lien was filed, and whether the lien holder was named in the foreclosure. Mr. Dobra is correct, if the lien was recorded after the lis pendens for the foreclosure was recorded. Your question is not clear if this is the case or not. You should talk to a real estate attorney.

Read more
Answered on 5/16/05, 8:18 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Foreclosure with property lien attached

Every lien file after the first mortgage is a subordinate or junior lien. So, no. I would suggest that you hire a lawyer to protect your interests.

Read more
Answered on 5/15/05, 10:52 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois