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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I was trying to do a deed-in-lieu with my mortgage company.

Customer Question

I was trying to do a deed-in-lieu with my mortgage company. My title is clear. Everything would have been a GREEN LIGHT except for this one issue. I had a summary judgement for a forcible detainer lawsuit awarded against me by my condo association. My
condo association NEVER filed a "lien" for the special assessment (and I found out later that they didn't do this because they KNEW/KNOW that their lien would have been "extinguished" by Illinois law if they had). My mortgage company is not willing to satisfy
the special assessment amount. So, now..... I am in the predicament of waiting every 13 months to see if my condo association "recoups" this special assessment amount (which is $7,800+ at present). So to summarize: 1). My debt to my mortgage company was discharged
in a bankruptcy back in 2007. 2). The only thing "holding" me to this property is simply that my name is ***** ***** the title. 3). I just need to know what I should do at this point? I know the condo association can go back to court every 13 months to ask for
more time in order to recoup their money.....but my question is.....CAN THIS GO ON FOR EVER???? I mean, this would prevent me from ever repurchasing other property right and keep me "TIED" to this property for Lord knows how long (sigh). Any feedback will
be much appreciated. Thanks!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
If the association refuses to release their "claim", if any, against the condo so that the mortgage company's buyer doesn't have to pay it, then the bank will simply foreclose. THe association knows that the foreclosure will knock out the judgment as it may affect the property, so I suspect they'll agree. However, if it is a personal judgment you may have to file bankruptcy on it. I hope this is helpful.
Customer: replied 2 years ago.
There is no "buyer" and what "claim" are you speaking of?I partially understood your reply.
Expert:  Irwin Law replied 2 years ago.
I understood you are trying to do a deed in lieu of foreclosure (DIL) where the bank takes title, but the title must be lien free. They have to be able to re-sell the property to a buyer without paying the association's "claim" against you. That requires the association to sign off that they claim no ongoing rights as to your property that could affect their eventual buyer. Or else the bank will deny the DIL and foreclose. I hope this clarifies my Answer.
Customer: replied 2 years ago.
Here's what I was told by my mortgage.1). They denied my DIL because of the association's forcible detainer action against me AND them not filing a lien against the title.2). So now, the Association is going to rent out my unit in order to "recoup" their money.3). I know that the law gives them up to 13 months to rent out the unit and then after that, they can petition the court for even more time.My question is: how should I "monitor" this? How will I know when they have recouped their money, etc?Again, my debt was discharged in a bankruptcy back in 2007.The only thing holding me to this property is my name being on the title.
Expert:  Irwin Law replied 2 years ago.
If you have discharged the mortgage debt as well as the Association debt in b/k, and you have moved on, then why not let the mortgage company worry about it? As a practical matter, it's their problem, not yours. There' nothing you can do about it at this point.
I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. Bonuses are appreciated too. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.
Customer: replied 2 years ago.
The Association debt HAS NOT been discharged....hence their filing the forcible detainer. My MORTGAGE was discharged in the bankruptcy back in 2007....but I have ALREADY stated all of this over and over again and we continue to experience some sort of "communication gap." I was trying to do the DIL to remove my name off the title.....but it is this forcible detainer that caused it not to happen. However, again..... I have explained all of this and yet, you are returning answers that "partially" address what it is that I am sharing or in this case, you respond with an answer that doesn't even apply at all (ie..."If you have discharged the mortgage debt as well as the Association debt in b/k"......), I don't know what to say.
Expert:  Irwin Law replied 2 years ago.
I'm going to opt out so another expert can help you with this question. Please do not respond to this post as it will only slow that process. Thanks for contacting this service.