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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118649
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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MY DAUGHTER OWNED TOWNHOME IN BOLINGBROOK,IL. SHE WAS FORCED

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MY DAUGHTER OWNED TOWNHOME IN BOLINGBROOK,IL. SHE WAS FORCED INTO CHAP.#7 BANKRUPTCY. SHE CONTINUED TO LIVE IN THE TOWNHOME AND PAYED THE MONTHLY ASSESSMENT FEES. IN MAY,2012 BOA THRU ITS SUB-CONTRACTOR, BAYVIEW OF FLA., INITIATED FORECLOSURE IN WILL CTY. CIRCUIT CT. OF IL. SHE STAYED IN THE TOWNHOME UNTIL OCT.2012.SHE PAID THE ASSOC. FEES THRU OCT., BUT NOT THE $300 OR SO LEGAL COSTS THE ASSOCIATION PAID IN THE MAY FORECLOSURE PROCEEDING.

NOW, THE ASSOCIATION, THRU THEIR ATTORNEY, IS TAKING HER TO SMALL CLAIMS COURT TO COLLECT ASSESSMENTS FROM 11/01/12 THRU 6/01/13 PLUS ALL ATTORNEYS FEES, COURT COSTS FINES,ETC.

MY QUESTION IS: WHAT IS SHE LEGALLY LIABLE FOR UNDER IL. LAW FOR ASSOCIATIONS?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Illinois law does state that the association has a right to collect up to 6 months of unpaid assessments from a new owner.

This means that from the date the court ordered the foreclosure and the title went back to the lender, it is the lender who would be liable for any new assessments and not your daughter as previous owner. If a new person bought the property in the foreclosure sale, then it is the new owner who would be liable for paying any new HOA fees that were incurred after the date of the foreclosure. Your daughter would be liable only for any outstanding fees up to the date of foreclosure.



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