QUESTION

I was served with a summons for foreclosure. What do I need to do/what are next steps?

Asked on Dec 21st, 2011 on Foreclosures - Illinois
More details to this question:
1st and 2nd mortgage were discharged in Chap 7 BK May 2010. We modified loans after that and stayed in home, continued to pay for over a year. thendecided to let house go in July and stopped making payments since then. House is worth half of what is owed and no buyers interested. Short sale was advised against by our BK attorney since debts were discharged, and no realtor seemed to want to touch it because of this We know were are not liable for the debt but still can have the home foreclosed . I was served with a summons yesterday and it states it requires us to answer in 30 days. Do I need to go to court or do anything? We do not wish to do a work out and want to dispose of the home. I will call my BK attorney but just wanted to see what, if anything , we need to do next. Also, this is in IL. If we do nothing in the 30 day time limit, how long should we expect to stay in home after this? When would they have a judgement and sheriff''s sale generally speaking? Any info appreciated.
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1 ANSWER

Time lines and procedures vary from county to county.  However, only a Sheriff can evict you and this can occur only after the Judge approves the Sheriff's Sale.  Per statute, you then have 30 days from that court date in which to vacate. Per statute, no sale can be noticed until Judgment enters and the redemption period runs.  Redemption can be either seven (7) months from service or three (3) months from date of Judgment, (which ever provides you with the longer time period).  Since you only recently were served, it is clear that you have an extended period before you can be forced to leave. While no action is required of you, the wiser course is to not stay away from court.  If you are present, you will be insured of receipt of all notices.  Additionally, there may be defenses to the foreclosure or issues of proof with the Complaint as filed.  Through the filing of an Answer, the issuance of discovery, or the simple act of retaining counsel may result in extended time in the residence.  Since you may also elect to vacate the residence prior to being ordered to leave, an attorney could help with that transition to avoid any problems with the lender. An attorney that practices in foreclosure should be able to provide you with a more accurate timeframe for the process (as some counties process matters faster than others).  The attorney could also review your Complaint and provide you with an overview of what issues and potential problems of proofs could exist in your case.  You may find that representation is best for you, despite the discharge in bankruptcy.  Finally, it is possible that your Bankruptcy was not duly noted by the attorneys filing the foreclosure.  As such, some actions may be required to insure that no personal deficiency is sought.  With such conduct being potentially sanctionable, this is another reason to consult with an experienced attorney.
Answered on Dec 30th, 2011 at 2:11 PM

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