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View Full Version : Financial and Legal peeps: HALP!



Ike
8/17/2008, 11:14 AM
So this morning, my wife was greeted as she was walking out the door by an officer of the court attempting to serve a foreclosure notice on our landlord. I'm still across the pond right now, which means that she's trying to deal with all of this herself at the moment. Anyway, she sent a rather angry email to our landlord, who responded thusly:


There is more than one loan outstanding on the property, but I was not aware one of them has gone unpaid for that long. This shouldn't be a problem for you, once I find out which one it is. I will keep you informed.

Now, I should note: At times, especially lately, our landlord has been fairly unresponsive. 3 months ago, we notified him that the motor on our dishwasher had gone kaput, and it will no longer drain. It's still not fixed. Thats not such a big deal for us, because we had a smaller portable dishwasher from when we lived in an apartment with no dishwasher that was sitting in the garage, and we simply brought that back out. But it kind of casts some doubt on the "I will keep you informed" part of that mail.

Anyway, we've been paying our rent like clock-work on the last working day of every month. We haven't been so much as even an hour late. Im starting to worry that this is simply something to try to keep us paying until the eviction notice finally comes from the bank.

So assuming that he comes back and tells us that everything is fine, is there any way to verify that? Or should we start looking for another place right now?

We'd rather not have to deal with this stuff at all, but if we have to, now is really the time to do it. And I really don't want my wife to feel that because I'm over here, she has to deal with it all herself. She's 4 months pregnant, and really doesn't need the extra stress. And we don't want to have to move when she's even farther along.

As many problems as there are with that house, we'd still like to live there. Our neighbors are perhaps the best group of neighbors we've ever had, and maybe ever will have. We love living in the area. But at the same time, we also don't want to just throw our money at a landlord thats going to get us evicted, when we could pocket it and use it as a deposit on another place thats a little more 'secure'.


Anyway, oh great and wise South Oval, I seek your advice.

TIA.


Oh, and if I never mentioned it before, yeah, we are expecting a kid. It's due at the end of January. Sorry for the oversight.

OUHOMER
8/17/2008, 12:25 PM
Well, I have no advice on moving but congrats on the bun in the oven:D

nmsoonergirl
8/17/2008, 01:18 PM
I, also, can't give you any useful advice on the house, but kids are awesome.

Congrats! (and I can give you heaps of advice on the baby)

Okla-homey
8/17/2008, 01:25 PM
So this morning, my wife was greeted as she was walking out the door by an officer of the court attempting to serve a foreclosure notice on our landlord. I'm still across the pond right now, which means that she's trying to deal with all of this herself at the moment. Anyway, she sent a rather angry email to our landlord, who responded thusly:



Now, I should note: At times, especially lately, our landlord has been fairly unresponsive. 3 months ago, we notified him that the motor on our dishwasher had gone kaput, and it will no longer drain. It's still not fixed. Thats not such a big deal for us, because we had a smaller portable dishwasher from when we lived in an apartment with no dishwasher that was sitting in the garage, and we simply brought that back out. But it kind of casts some doubt on the "I will keep you informed" part of that mail.

Anyway, we've been paying our rent like clock-work on the last working day of every month. We haven't been so much as even an hour late. Im starting to worry that this is simply something to try to keep us paying until the eviction notice finally comes from the bank.

So assuming that he comes back and tells us that everything is fine, is there any way to verify that? Or should we start looking for another place right now?

We'd rather not have to deal with this stuff at all, but if we have to, now is really the time to do it. And I really don't want my wife to feel that because I'm over here, she has to deal with it all herself. She's 4 months pregnant, and really doesn't need the extra stress. And we don't want to have to move when she's even farther along.

As many problems as there are with that house, we'd still like to live there. Our neighbors are perhaps the best group of neighbors we've ever had, and maybe ever will have. We love living in the area. But at the same time, we also don't want to just throw our money at a landlord thats going to get us evicted, when we could pocket it and use it as a deposit on another place thats a little more 'secure'.


Anyway, oh great and wise South Oval, I seek your advice.

TIA.


Oh, and if I never mentioned it before, yeah, we are expecting a kid. It's due at the end of January. Sorry for the oversight.

where is this house? as in city and state.

Ike
8/17/2008, 01:34 PM
where is this house? as in city and state.

Warrenville, IL

Okla-homey
8/17/2008, 01:38 PM
Warrenville, IL

have her check with the Illinios Bar Association and ask for a referral to a real estate lawyer there in Warrenville. odds are the initial consult will be free. Bring the lease/rental agreement and copies of any correspondence received, including the court documents with which she was served, to that meeting. Then, be prepared to spend a little money on a couple hours of his/her time to learn what your rights are.

http://www.illinoislawyerfinder.com/search.html

here are the guys and gals listed for Warren Co. who say they do landlord/tenant work up there.

http://www.illinoislawyerfinder.com/scripts/mgrqispi.dll

Ike
8/17/2008, 01:48 PM
Thanks Homey....although it's Dupage County, not Warren

Tulsa_Fireman
8/17/2008, 02:04 PM
The financial outfit serving the papers should be listed on the summons. Has she called them to see what the skinny is?

If the guy defaults, maybe you guys can slide in and actually buy the house on the cheap.

olevetonahill
8/17/2008, 02:07 PM
Grats on the Baby, Bro.

Ike
8/17/2008, 02:13 PM
The financial outfit serving the papers should be listed on the summons. Has she called them to see what the skinny is?

If the guy defaults, maybe you guys can slide in and actually buy the house on the cheap.

So I don't think she got to see the summons yet, since the guy was trying to serve our landlord...so we don't know who they are.

Also, buying the house really isn't something we want to do considering that at this time next year we will be living near Geneva (which is where I am right now)

Chuck Bao
8/17/2008, 02:28 PM
Congrats to you and your wife on the new baby on the way, Ike.

I would think that your situation is not so uncommon now.

As Tulsa Fireman said, you or your wife should contact the financial institution. I would imagine that they don't want just a vacated home. Of course, they eventually want to sell it, but the home market now isn't a seller's market. Until they do sell it, they probably would like a monthly payment coming in. They may be willing to work with you on that.

I would still be working on contingency plans. The financial institution may be even willing to help here, if they have a lot of foreclosed properties in the area.

This sucks, I can imagine. Good luck.

Tulsa_Fireman
8/17/2008, 02:33 PM
And if she didn't get the summons, can't you look up who has the note and the financial institution in the county records?

I know Oklahoma County is on-line. My mom and I were looking up previous owners of a house we had when I was a kid trying to find out who haunted the damn thing.

olevetonahill
8/17/2008, 02:34 PM
Chuck , It sounds Like there's more than one mortgage on this Place .
But I agree with with Making the contingency Plans.

Curly Bill
8/17/2008, 04:03 PM
My mom and I were looking up previous owners of a house we had when I was a kid trying to find out who haunted the damn thing.

This made me laugh. :)

Frozen Sooner
8/17/2008, 04:06 PM
I would find out if Illinois has a Landlord-Tenant Association that helps out people who are running afoul of the state Landlord-Tenant Act.

You do have rights as a tenant even if the lien holder chooses to assert their right of foreclosure.

Regardless, you should certainly continue to pay the rent on the property so long as you occupy it.

StoopTroup
8/17/2008, 07:19 PM
Tony Soprano would know what to do.

Congrats on the baby!

Penguin
8/17/2008, 08:57 PM
http://en.wikipedia.org/wiki/Molotov_cocktail
(http://www.mazuifoundation.com/store/image.php?type=P&id=16141)

Crimsontothecore
8/18/2008, 09:15 AM
Here's a link that might help. It lists phone numbers you could call.
I think that, regardless, I might go ahead and look for a new place.
http://www.ag.state.il.us/consumers/landlord.html