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You answered my last question on 8-20-11. My foreclosure nightmare

 
PhillipsEsq's Avatar
  • Answered by:PhillipsEsq
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Customer Question

You answered my last question on 8-20-11. My foreclosure nightmare continues. The condo assoc. obtained a judgment against me for past due fees. They placed a lien against the townhouse. Now they have served me with a Citation to Discover Assets. I remarried 5 months ago, in Dec. 2011. My only real asset is a car, Chrysler 300, 2005. They are asking me to provide 3 years worth of income statements. I'm unemployed. My husband and I filed a joint 2011 tax return. Do I need a lawyer? How do I prote

 

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State/Country relating to question: Illinois

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Nothing. I thought once the association obtained a lien on the townhouse it would soon be over. Now I just got served with the Citation to Discover Assets. They are trying to get $4532. from me. I don't have it. When will this end?

Submitted: 331 days and 8 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  PhillipsEsq replied 331 days and 8 hours ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: You answered my last question on 8-20-11. My foreclosure nightmare continues. The condo assoc. obtained a judgment against me for past due fees. They placed a lien against the Townhouse. Now they have served me with a Citation to Discover Assets. I remarried 5 months ago, in Dec. 2011. My only real asset is a car, Chrysler 300, 2005.



Response 1: I am so sorry to hear that you are still having problems with the foreclosure. The Condo Associations and Homeowners Associations have now become the new City Halls. It seems homeowners cannot just get a break from these Associations.



Your car is exempt from execution--the equity in your car up to $2,400.00 is exempt from execution pursuant to 735 ILCS 5 §12-1001(c). So, if your car is worth $2,400.00 or less, there is nothing to worry about there. Money in your bank account would be protected up to $4,000.00 pursuant to 735 ILCS 5 §12-1001(b). If you are joint on this account with your husband, 50% of the funds are assumed to belong to your husband.



They are asking me to provide 3 years worth of income statements.I'm unemployed




Response 2: Reply that you cannot provide the information. That you are currently unemployed and you are attaching a statement from unemployment office showing that you are unemployed. Delete any information regarding your Social Security Number from the document—cancel it out with a pen. Do not use Wite-out.



My husband and I filed a joint 2011 tax return. Do I need a lawyer? How do I prote



Response 3: No, you do not. You do not need to spend more money on this. Your husband's income cannot be used to satisfy the Judgment since he was not part owner of the condo. Whatever you do, do not give them anything that you would show your bank account information. Finally, show up for any hearing on the matter, but do not disclose any banking information. Make sure to come to any hearing with any document from unemployment showing that you are collecting unemployment benefits. Your unemployment compensation is exempt from execution pursuant to 820 ILCS 405 §1300(B).

All the best,

PhillipsEsq41058.6102719097

Customer replied 331 days and 7 hours ago.

In the Citation is an Exhibit with 12 items that I'm "required" to bring to court. Including the title to my car, 3 years of checking and savings account info, past 3 years of income tax statements, and other evidence which doesn't apply to me. How do I explain to the court that I didn't bring the information to court with me? Are you saying for me to show up with just proof of unemployment? My car is worth more than $2400. My husband and I filed a joint income tax 2011 return and received a refund. The citation exhibit states that "your failure to comply with this citation my subject you to punishment for civil contempt of this court or to a judgment for the amount unpaid or both." I'm scared.

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Expert:  PhillipsEsq replied 331 days and 7 hours ago.

In the Citation is an Exhibit with 12 items that I'm "required" to bring to court. Including the title to my car, 3 years of checking and savings account info, past 3 years of income tax statements, and other evidence which doesn't apply to me. How do I explain to the court that I didn't bring the information to court with me? Are you saying for me to show up with just proof of unemployment? My car is worth more than $2400. My husband and I filed a joint income tax 2011 return and received a refund. The citation exhibit states that "your failure to comply with this citation my subject you to punishment for civil contempt of this court or to a judgment for the amount unpaid or both." I'm scared.


Response: This is just the Condo Association trying to scare you. Bring only your unemployment document to show the Court or the attorney representing the Association that you are unemployed and do not have any income. They are just trying to figure out what you have so that they can go after those items. You would only bring the items requested by the Association if you are ordered by the Court to bring the items on the next Court hearing.


Tell the Court that you no longer live in the Condo/Townhouse, that it has been foreclosed. That the Association has already put a lien on the Condo. So, you are not sure why they are still coming after you. Remember, that you are not responsible for the amount that was due on the day you filed for bankruptcy protection.

Customer replied 331 days and 7 hours ago.

The $4532. they are seeking is the amount of condo dues since the bankruptcy. I was current on my dues up until then. My husband is concerned that since he has been helping me with a variety of bills over the past 5 years he will somehow be financially involved.

 

So... I show up for court. Bring only proof of unemployment. Mark out my SS #. State "they've got a lien on the condo." and hope the court will do what??

 

When the condo is sold through foreclosure and condo assoc. gets their $4532., then will the judgment against me be automatically removed?

 

Thanks in advance for all of your help. It is greatly appreciated.

Best Regards

Accepted Answer

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Expert:  PhillipsEsq replied 331 days and 7 hours ago.

The $4532. they are seeking is the amount of condo dues since the bankruptcy. I was current on my dues up until then. My husband is concerned that since he has been helping me with a variety of bills over the past 5 years he will somehow be financially involved.


Response 1: Your husband is not responsible for the past due fees under any circumstances.


So... I show up for court. Bring only proof of unemployment. Mark out my SS #. State "they've got a lien on the condo." and hope the court will do what??


Response 2: And hope that the Court would rule that you cannot afford to pay the fees and continue the case. I usually ask for continuance in six months increments, they may agree to four months. This is just to buy more time and drag the case out until they give up or the Condo is sold. Generally, if you come to understanding with the Attorney representing the Condo Association, the case would be continued as requested.


When the condo is sold through foreclosure and condo assoc. gets their $4532., then will the judgment against me be automatically removed?


Response 3: No. It would be on record, but the Condo Association would no longer have a case against you because the debt has been paid. However, you should contact the Condo Association’s Lawyer and ask him/her to report the Judgment satisfied, or you can file a Motion with the Court and ask the Court to rule that the Judgment has been satisfied because the condo has been sold and the past due fees paid as part of the closing.

 


Thanks in advance for all of your help. It is greatly appreciated.



Response 4: You are quite Welcome!

 


PhillipsEsq41058.6587299421

Expert TypeAttorney-at-Law
Category: Real Estate Law
Pos. Feedback: 99.1 %
Accepts: 2197
Answered: 5/29/2012

Experience: Licensed in Massachusetts and New York

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