QUESTION

What steps do I need to take to handle the foreclosure on my rental property?

Asked on May 01st, 2012 on Foreclosures - Illinois
More details to this question:
Was served papers on March 30, 2012 with a court date of May 29, 2012. Lost my job in Oct, last mortgage payment was in Sept. 2011. Owe 67,000.00 on home, owe more than worth, area deteriorating. Income of 900.00 per month (unemployment and pension). Brother is party to ownership but not mortgage debt.. Trailer is 20 years old. and mortgage on it is 85.00 per month. Praying they can''t go after him for anything. Went downtown Chgo to advise desk but they could''nt see me. Can''t afford to pay attorney. How do I proceed on my own and can I lose my trailer even though I owe 7,000.00 on it..
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1 ANSWER

Foreclosure goes to the property itself.  Your question is confusing as to whether the foreclosure is on a house or trailer or land upon which trailer sits.  The best answer is this:  If your brother is not on the Mortgage, he should not be on the Note, which is the personal promise to pay.  As a result, there would be a taking of the property under the foreclosure and he would lose his interest in the property.  There would, however, appear to be no basis to hold him liable for the debt (deficiency) as he held no obligation to pay. As to your assets, it is possible that some form of collection could occur.  There would need to be a deficiency judgment entered personally against you.  The court would have to approve the amount sought by the lender.  You can contest such a finding.  We would urge you to not ignore the proceeding.  Even if you cannot hire an attorney, you should consult with one.  We would further suggest that you file an Appearance and pleadings in the case to insure that you have notice and can appear in court to object to any attempt to seek deficiency.  Should an order be entered, there may be no collection actions.  The Plaintiff is a mortgage lender, not a debt collector that seeks payment via garnished wages or turn over of property.  While a judgment may issue, it is possible that no collection actions occur.  If you are concerned about such actions, you may also elect to explore bankruptcy options. That would discharge any such obligation upon completion of the Bankruptcy. Finally, many attorneys provide free, initial consultations.  This may be best to explore as the advise of an experienced foreclosure attorney, even if a consultation fee is required, may be most beneficial to you.  If you do not know where to look, you can contact the county bar association for a referral or search the internet and review the attorney's website.    
Answered on May 18th, 2012 at 12:58 PM

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