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Foreclosure in Palos Heights : Real Estate Advice

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Activity 1
Tue Jan 18, 2011
Webb Alo answered:
Yes. You have the right to file a criminal complaint against the broker with the local district attorney if you reside in Chicago. Chicago's Municipal Code 5-12-095, requires a landlord to notify all tenants in writing within 7 days of being served a foreclosure complaint of the foreclosure action. If the owner or landlord failed to comply the tenant can terminate the lease with a 30 day notice. If a civil proceeding is commenced the tenant can sue for a maximum of $200 in damages as well as seek the return of any monies paid to the landlord. For the sake of this discussion lets assume the Broker is aka the landlord.

Obviously, if you are in a city in Illinois which follows the laws of Chicago the courts will start out from the premise that the Broker had criminal intent if she failed to notify you in writing of the foreclosure proceeding.
Additionally, the broker has an ethical responsibility to notify you of any adverse liability with the property and can stand to lose here license if a complaint is filed with the Board of Realtor's and they conclude the same. If you decide to pursue a course of action you should file the complaint with the District Attorney in your area. To receive detailed information about the tenancy and foreclosure laws in your state you can also receive more information here, http://foreclosurecourt.org/foreclosure-resource.html

The foreclosure process in Illinois is Judicial ( In Court) and normally completed in 12-15 months if uncontested by the homeowner. To review the foreclosure process in your state you can click the link and select your state, http://foreclosurecourt.org/ForeclosureLaws.html

Obviously, you have to determine the status of the foreclosure proceeding to gain some idea if your rights was violated by the rental agreement and the length of time before the foreclosure process is completed. I must also EMPHASIZE to you, that if at the time you entered into the lease agreement the foreclosure notice was not yet filed the owner did not violate any laws. To determine the foreclosure filing information you can visit the office of the county clerk where the property is located, check online with the office of the county clerk or request a foreclosure report here, http://foreclosurecourt.org/foreclosureprotection.html

I really sympathize with your situation because all this could have easily been avoided if you was a member in the FORECLOSURE PROTECTION program above. Nonetheless, as you have seen the members on this site will do everything we can to point you in the right direction and or link you with resources that can provide answers.

Good Luck
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