Legal Question in Real Estate Law in Illinois

To prevent my grandmother from going to a nursing home, i moved her in with me and my minor child. I sold my home to her to make arrangements for her to live here and help pay expenses. I was not on the mortgage, but have rights of survivorship deed that was filed while she was still alive. She has passed 2 years ago and i am the sole heir in her will. I did not find any life insurance or other accounts. I fell behind in mortgage payments, so i asked for a loan modification. I was sent paperwork, but they could not talk to me since i was not authorized on the account. I was sole heir in her will, but I opened an estate to get authorization. I sent in all the paperwork, but was going to be late on the payment. The mortgager representative called and asked me when i could pay, i said tomorrow, & I paid it electronically the next day. One week later the rep called me and said he was sorry and the loan modification was broken, and it broke 5 days before he called me regarding the payment, and he didnt see that note. The mortgager just took the money and applied it to the account. I do not get a refund, and feel taken advantage of. Our foreclosure case in court will now just continue with a judgement since it was on hold. What can I do to save our home?


Asked on 10/24/09, 12:36 am

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Since you are now the owner of the property again, you can try refinancing in your own name.

You can also hire an attorney to represent you in defending the action as you may have a defense based on the doctrine of laches. However, a full review would have to be performed to fully understand your situation and to make a thorough recomendation. Good luck

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Answered on 10/29/09, 8:32 am
Charles Dobra Charles Wm. Dobra, Ltd.

There are a few questions that still need to be answered, but assuming you are now on the mortgage, you do have an option or two. You need to speak to a lawyer. Good Luck

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Answered on 10/29/09, 9:03 am

This is too complicated to give you a "good" answer this way. Sounds like you got some advice when you made the arrangements in the first place. Don't be pennywise and pound foolish. Engage a lawyer!!! Good luck.

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Answered on 10/31/09, 11:49 am


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