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Inherited Homes, Deceased Borrowers and Title Problems in Illinois Foreclosures
Some foreclosures are not really about missed payments. They are about a house whose owner died, an heir the servicer refuses to speak to, or a deed somebody signed that the owner never did. These files need two things at once - a defense in the foreclosure and a fix to the title - and splitting them between two firms is how people lose houses.
The home you inherited is in foreclosure:
A parent dies, the payments stop, and the servicer will not discuss the loan with the person now living in the house because that person is not on the note. Meanwhile the case moves. The way out is usually a combination: establishing who has legal authority over the estate so there is someone the servicer must deal with, asserting the rights federal servicing rules give a successor in interest, and defending the foreclosure in the meantime so the clock does not run out while that is happening.
Opening probate so somebody can act:
Often nothing can move until an estate is opened and a representative is appointed. We handle that alongside the foreclosure rather than sending you elsewhere for it and waiting.
A deed you did not sign:
Where a forged, fraudulent or unauthorized deed put record title in someone else's name, the true owner is frequently not even named as a defendant in the foreclosure - and so cannot file an appearance or an ordinary motion. Illinois law provides a different door: a petition to intervene under section 2-408 of the Code of Civil Procedure, which can be brought even after judgment, with the motion attacking the judgment attached to it. It is an unusual filing, and it works.
When a court orders a transfer back and it does not happen:
If someone has been ordered to reconvey property and simply does not, the court can transfer title itself. That remedy exists and we use it.
Rescue loans and equity-stripping:
Private lenders and tax-redemption financiers approach homeowners in foreclosure with an offer that looks like a lifeline and is structured to take the equity. Illinois has a statute aimed squarely at this conduct - the Mortgage Rescue Fraud Act - and it gives homeowners real remedies. If you signed something with a private lender while your case was pending, bring the documents.
Get a free case review. Call (312) 857-8320
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