Trulia Voices Real Estate Q&A in Logan Square

Marisol
Marisol
Just Looking
Chicago

I live in a multi unit that apparently was forclosed. The owner moved out.

I live in a multi unit that apparently was forclosed. The owner, who use to live at this property too, has moved out so I am left, along with the other residents, to wonder what is going to happen now? No one from Wells Fargo has contacted us at all, no calls or letters. I think either way, if they contacted us today or next week we all get at least 30 days to move yes? This is highly frustrating as I was not ready to hear this. Its an added cost to now move out of my apartment, my home really. Its the middle of winter and no one is telling us a thing. The property was forclosed several weeks ago. Does anyone know what we should expect?

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Answers (3)
Larry Hotz
Larry Hotz
Real Estate Pro
80111
Sat May 24 2008, 08:11

I agree. Here in Colorado leases run with the land. That means that a lease is in full force and effect regardless of the ownership of the property. Your Illinois attorney can verify that for your state.

From a practical point of view, you're in a pretty good position. In this market is highly unlikely that anyone would want to lose the existing tenants. Conversions of apartments and condominiums has all but stopped. And any higher and better use would likely require scraping the structure and building something new. Again that's not likely to happen in this market.

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RCWessel & Asso…
RCWessel & Asso…
Real Estate Pro
60525
Sun Feb 3 2008, 13:08

You should contact an attorney. Illinois law, 735 ILCS 5/15-1701(h), states,
"Unnamed parties, including tenants, who came into possession before the foreclosure proceedings, cannot have their right to possession terminated by the Order Approving Sale. The Plaintiff must obtain either a Supplemental Order of Possession or file a forcible entry and detainer action. Tenants have no defense to either of these actions, although they may enter an appearance in foreclosure action if they wish."

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Steve C
Steve C
Buyer & Seller
Chicago
Sat Feb 2 2008, 06:37
FIRST ANSWER

I would expect that despite the foreclosure, your lease is still good and you should be able to remain in the unit through the remainder of it. The lease is a contract that doesn't get cancelled due to a foreclosure.

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