| foreclousre state of illinois. foreclosure question. in 1995 my brother-in-law took a mortage out on my mother-in-law's home, she was not on the title at the time, two weeks after my b-i-l took out the mortage he enforced a quick claim deed my husband signed pre loan, my husband was to take a mortage out due to the house was in foreclosure at the time. and my b-i-l had bad credit to obtain a loan,however, my b-i-l received a mortage on his own, then two weeks later he filed the quickclaim, my husband became the deed holder and owner of the property. we assume he thought he was dumping a loan, in the meantime my b-i-l never paid on the note, the house went into foreclosure, again, he attempted to stop the foreclosure by filing bankruptcy in my husband's name, my husband did not know my b-i-l filed the quickclaim or the bankruptcies, he filed twice in my husband's name.becasue the loan was not taken out by my husband, the
agreement had changed, and who would think someone would think they
could get rid of a loan by a quickclaim. the house was sold, past it's redemption period, my husband and self found all of this out after the fact, we began researching, pulled deeds, quickclaims, court file, we do have a lawyer. when everything was pulled my husband is stated as the primary deed holder, owner of the property, problem my husband never knew, he is now liable for a judgment, they notified my husband at old addresses or at the home, my b-i-n received the mail. he was not about to give any mail about the home to my husband, and my husband never thought to ask for mail, he has not lived there in 20 yes. my husband wants to save the property, first, we understand my b-i-l illegal acts, my husband will file charges, my husband feels there was lack of proper notification on the mortage company part, the file is all in his name, he appears everywhere in the file, yes the mortage company did notify, but they mailed to addresses where he did not live, they found one address from 16 yrs ago, my husband wants to fight to obtain the property back for lack of notification and when my husband's family was asked to leave, they were not served by the sheriff, nothing was filed at the sheriff's office for eviction, but a sheriff showed up at the house one day and asked them to leave, no papers were given, and their items were not removed from the house. lack of serving is another loop hole.the mortage company came after my husband for a loan he never knew was out there, they came after my b-i-l too, but mostly my husband because he was the property holder. the file is in my husband's name. we are working with our lawyer, but we are looking for as much advice as possible, if any exist. |