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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6391
Experience:  20 years of proefessional experience
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My property was foreclosed on by Citi Mortgage in 2013. A

Customer Question

My property was foreclosed on by Citi Mortgage in 2013. A confirmed sale letter was sent to me and I was ordered out by Dec. 20th, 3013. I complied. The three unit building at 401 W. Winneconna Parkway had a tenant on the 3rd floor who legally did not have to leave and I as the owner told her so. She left 3 weeks after me anyway. Once she moved out the building that I thought I didn't own anymore was vandalized over time. I had moved to the suburbs. Since my move, the stove, refrigerator, microwave, dishwasher were stolen. Water from somewhere began to gush out for three days I didn't know and thought I had no rights to the building. My next door neighbors called the water company and no one came for three days. The alderman did nothing either. Now I have a 1400.00 water bill. Citi Mortgage refuses to sign the deed. Now they (Citi Mortgage) did some repairs, but left a lot of building materials all over the place. Now I have been sited by Streets and Sanitation for 8 property code violations in excess of $3,400. I cleaned up the property only to have the judge tell me that cleaning up the property is not a defense. I have court hearing now where if I lose I will have to pay $6,800. It gets worst, Nationwide adjusters called me and said my property had two fires and squatters have broken into the property. They have proof somebody has been paying my taxes on the property. Why? Well Citi Mortgage has a Forced Place Policy that they are waiting to cash in on. I was drug into court when the city wanted to tear the building down. Citi Mortgage smuggly stated that HUD wants to buy the building after its fixed up but its going to take awhile. They dismissed this part of the case from me but my name is ***** ***** the deed. Now the water dept. wants their money and if I don't pay them as a city worker I can lose my job as a teacher of 30 years. Now I must move back into the city, keep the place boarded up and clean. Find a way to let the water dept in to put in new water meters. Get insurance for the building before I get sued. Oh did I mention the insurance that I had when I moved was in tact and when they offered me a check I told them I'm sorry Citi Mortgage owns the building now I'm sure I don't qualify for any insurance money. Somebody at Citi Mortgage cashed that check. Somebody is purposefully allowing that building in the Auburn Gresham Area to go all the way down. My brand new $12,000 garage has been literally torn apart from neglect. Now the school year is almost over; I have one check coming before summer break. I am scrambling to find a couple of jobs because even if I try to sue Citi Mortgage in a civil case; I've been told by one lawyer that his rates start at $245 and hour. Do I have a case? I have already complained to Lisa Madigan my computer blinked off before I can get the reference number to send her my documentation to prove my case. Any suggestions. LaMont Kidd***@******.***
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Maverick replied 2 years ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
They dismissed this part of the case from me but my name is ***** ***** the deed.
1. Who sued who? Name the parties involved in this suit.
2. Is Citi a party to the suit?
3. Please clarify - did you file a claim and if so what is your understanding as to why it was dismissed?
Customer: replied 2 years ago.
Citi Mortgage sued me. They are the only parties on the suit.
Citi Morgage is the only party to the suit
I did not file a claim because the confirmation of sale stated that the property was foreclosed on by Citi Mortgage. I thought it was bought by Citi Mortgage when I was ordered off the property. But it has the ability to be sold and while I have no rights to the property Citi Mortgage refuses to sign the deed. The more the property is vandalized the more they can cash in on the Forced Place Property that they have. My former insurance company when they called me about the break in and I stupidly referred them to who I thought were the true owners called them. I guess they sent them a check. Nationwide says the statute of limitations on this has run out anyway by now. They Nationwide adjusters says its strange that Citi Mortgage has been paying my taxes on the property because presently I'm going back to court to try to get sense of why I'm libel for everything. If its still my property why did the sheriff send me a letter after I had moved out saying if I don't vacate the premises I would be arrested. By that time the building was empty anyway.
Customer: replied 2 years ago.
Do I have a case to sue Citi Mortage for consumer fraud? Is a Forced Place Policy legal if I had insurance when I moved out.
If I sue what will it cost me in legal fees and if I win how much would all this trouble be worth. How can I go public with this cat and mouse game to warn other consumers. I'm a city employee my job is on the line if I don't fix this. Suggestions What will a good lawyer cost? is $245 an hour the going rate. How can I contact Pam Zekman or Channel 2 news or Channel 9 news or somebody? Suggestions What other governmental agency can I write to.
Customer: replied 2 years ago.
What would you do if you were me?
Expert:  Maverick replied 2 years ago.
1. Do I have a case? I have already complained to Lisa Madigan my computer blinked off before I can get the reference number to send her my documentation to prove my case.
Yes, I think you have a case for getting a court order that says that as of XYZ date, the title to the home should have transferred to Citi.
2. Any suggestions.
I would try to keep this as simply and easy as possible unless you have at least 50K to hire a lawyer and pursue things such as fraud, etc...
Either in a separate suit or as a counter-claim in the existing suit, you need to sue Citi in a declaratory judgment [DJ] action and ask for a court order that says that Citi became the record owner of the property as of XYZ date. You can then use that order to shift the obligations back to Citi.
HOW XYX date should be determined under ILL law:
--Following the sale, the Sheriff should have made a Report of Sale within 10 days. Then Citi should have filed a petition with the court to confirm the judicial sale as the highest bidder. See 735 ILCS 5/15-1508. Following confirmation, the Sheriff’s Deed should have issued. So this is the cutoff date that you want to ask for in the DJ action order.
The law at the link above has the DJ action statute for ILL. Here is a sample complaint and other helpful info on how to do this at the links below:
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