Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mortgage is current. I owe $763 in association dues. I…

Customer Question
My mortgage is current...

My mortgage is current. I owe $763 in association dues. I just received a "summons for eviction" and I was to know if this is reversible. I have the ability to pay the balance to zero immediately.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I literally just received the summons a few hours ago. I don't know where to even start.

Lawyer's Assistant: Where is the property located?

Plainfield IL Will County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 hours by:
3/23/2018
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The HOA only has the authority to make you leave if you do not pay the amounts owed. Unless they've already gone to court and foreclosed the unit - which you should know about it, so it doesn't sound like that happened - you can pay the amount due and stay. Their sole authority to make someone move out is based on non-payment of condo fees. Once you're paid in full, they cannot evict you.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
I have no notice of foreclosure but the documents received are a court ordered summons to evict. Are they simply calling the case to be heard in front of a judge? What does that mean? So if i pay in full there should be no eviction?
Customer reply replied 4 months ago
The word forclosure is no where on the documents.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Since it's a summons, that should just be telling you to either move out or go to court and present a defense. If they had already foreclosed, what they're serving should be called a Writ of Execution.

You may want to call the clerk of the court to be sure. It's possible they're trying to get you to leave before selling the property.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
If I pay the charges before the court date, will the case close? I don't want to pay these charges and go to court and get evicted anyway.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

They cannot evict you if you pay what you owe. The entire basis for an eviction action is that they have a right to make you leave because you owe them money. But if you're concerned, you can ask their attorney to sign a release before you give them the money.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Lucy, Esq., Lawyer replied 4 months ago

Do you have any other questions about this?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: JA Mentor

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My ex-husband and I own a home together.. .the first
My ex-husband and I own a home together. . .the first mortgage is in both names . . . the second mortgage is in his name but I co-signed about 10 years ago. My new husband and I are living in the hous… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
Can a condo HOA deny Reverse Mortgage docs for qualified
Can a condo HOA deny Reverse Mortgage docs for qualified unit owners? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
My mother has a reverse mortgage which she has never paid
my mother has a reverse mortgage which she has never paid back yet which we did not know about anyhow … read more
KLAW
KLAW
Juris Doctorate
2,396 satisfied customers
My mother died 4 1/2 years ago and left jacksonville a few
My mother died 4 1/2 years ago and left jacksonville a few months before that. She had a reverse mortgage with a balance of $104,000. The keys were returned to the bank for their processing. We just r… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My mom who is 89 years old, owns a condo in Marathon Key Fl.
My mom who is 89 years old, owns a condo in Marathon Key Fl. She did a reverse mortgage over 15 years ago. She has used up all her assets. I don't think she fully understood what she was doing. She on… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
My Mother at 95 passed and she had a reverse mortgage on her
My Mother at 95 passed and she had a reverse mortgage on her condo. In her will she stated she no longer owned her home and bot***** *****ne the estate is zero. Her two surviving children are comforta… read more
KLAW
KLAW
Juris Doctorate
2,396 satisfied customers
I am thinking of applying for a reverse mortgage to pay off
I am thinking of applying for a reverse mortgage to pay off bills and do some remodeling. Is there a downside to them? I don't have kids so a friend will inherit when I die, and she doesn't need my ho… read more
socrateaser
socrateaser
1,031 satisfied customers
A person has occupied my land. Fenced it in, Kankakee
A person has occupied my land. Fenced it in, JA: Where is the property located? Customer: Kankakee county, ILL. JA: Has any paperwork been filed? Customer: I have not sold this land to anyone JA: Anyt… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Boyfriend's mother took a reverse mortgage while she was
Hi I'm Racquel My boyfriend's mother took a reverse mortgage while she was alive. She passed in 2011. He had no idea, no communication that there was a reverse mortgage on the home. He was just served… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
I have the opportunity to get a Reverse Mortgage. Blocking
I have the opportunity to get a Reverse Mortgage. Blocking that opportunity is a Home Equity loan from a bank which is the exact amount I must reduce in order to get the Reverse Mortgage. Questions: I… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My daughter returned home today to find 24 hour eviction notice
My daughter returned home today to find 24 hour eviction notice from the local sheriff on the door of the home she and her boyfriend are renting in Palatka FL. The property is in foreclosure and for t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I have a pending order of possession in the state of Illinois
I have a pending order of possession in the state of Illinois for non payment of association dues. This is the 2nd case the condo association has filed against me in the last 6 months. The first case,… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husband is a 100 percent disabled veteran and we are both
My husband is a 100 percent disabled veteran and we are both retired. We are holding a mortgage on a mobile home and are holding the title on both halves of the mobile home. As per our notarized contr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am being evicted, I behind for nov and sep payment, the other
I am being evicted, I behind for nov and sep payment, the other months aim only deposit what I could into my landlord account, I owe her 4k in past due rent, aim tryIng to get help to pay her through … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I was given a summons for unlawful detainer served to me on
I was given a summons for unlawful detainer served to me on March 16, 2011. It was for non-payment of rent due for March 2011 plus fees, utilities, damages, etc. that subssequently accrue and reasonab… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I recently lost my home to foreclosure and have just been notified
I recently lost my home to foreclosure and have just been notified that an eviction is being drafted. Do you know of the eviction process and what my options are? Will I get a 30 day or more notice to… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I notified my landlord on August 18 that I would not be renewing
I notified my landlord on August 18 that I would not be renewing my lease, which ended today. Did walkthrough yesterday. I notified them that I would be moving out on Sept. 1. I paid my last months' r… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We are in the process of obtaining a reverse mortgage on ...
We are in the process of obtaining a reverse mortgage on our house.The house was just appraised for $265,000 remaining mortgage of $170,000.We have been informed that at closing we will owe $11,000. A… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x