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Foreclosure - Please Advise

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by BlondMa, Oct 3, 2012.

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  1. BlondMa

    BlondMa Law Topic Starter New Member

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    In September 2011, I obtained Order of Protection against my husband, due to domestic violence, drugs and alcohol.In November 2011 he was ordered by the judge to pay mortgage and to keep it current, for the home we have w/ three young children. We went to Domestic Violence court several times and he claimed to be current on mortgage. He has been the sole provider making $60k-$90k, I was a traditional homemaker and I worked a job last year making around $16k.

    In January 2012, I was calling PNC and was being told, I was "not authorized to get info on loan". In early February, I went to PNC bank and was told the same, I was not authorized to get info on loan. I got a letter stating I was "not authorized" to get info on the loan. In February, the DV court judge told him to authorize me. The judge also told him to come current on the loan and for us to apply our tax refund to make mortgage current. In March, I went to PNC and paid $5000.

    In late June 2012, I was served Foreclosure papers. I tried contacting PNC and got no where. I still was not authorized to get info on the loan. DV court, July 2012, I told my pro bono attorney for the OP case, I wanted him held in contempt, she advised against it. She said she was unable to assist in Foreclosure. She did however, look over the docs I was served and told me that I was on the deed and mortgage but not on the note (PNC).

    In late July 2012, I filed my "Appearance" and "Answer", as advised by a Foreclosure Seminar I attended. The Lawyers for PNC sent me more court dates. I attended two court dates so far (September). In last week's court date I was told it is going to "Summary Judgement" in November. I have another court date next week (October) with motions to Shorten Redemption, Summary Judgement, Default, Judgement for Foreclosure and Sale. The seminar encouraged homeowners to attend all court dates and to be pro active. I plan on asking the judge for more time and mentioning the November court date. He has not appeared or answered in the Foreclosure case. He does not appear in the DV case, he only sends his attorney.

    I contacted HOPE/HAFA Counselors for help I was able to get some info from PNC with the counselor's assistance. He attempted to modify the mortgage in May 2012 and got a letter stating so, dated Sep 4, 2012. (We had a DV court date in September, he knew he was in contempt.) I requested the letter they sent him. I also inquired when I was removed from the loan, PNC declined to answer both questions. I also asked for copies of documents and a letter stating I was "not authorized to have any info on the loan", the bank refused and hung-up on me.

    I am now very overwhelmed. My objective is to try to stay in the home until the spring. I am trying save money to find a place to live for my three kids and me. Because of the OP and for the safety of my children and me, I do not speak to my husband. We lived in hell before he left.It was ugly.

    I will take any advice you may offer. If I can file any motions and how to go about them and in which order. If there are any reliable websites I can get some help or info. Any advice would be greatly appreciated. Thank You for your kindness.
     
  2. army judge

    army judge Super Moderator

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    Your ability to legally occupy the home is waning.
    You can ask the court to lock your "ex" up for being in contempt and not keeping the payments current.
    I'm not sure that a court can even order him to put you on his note.
    I'm not saying a court couldn't, that I haven't seen that tactic used.
    That may be why he didn't follow through as ordered.
    He has counsel, and I will bet his counsel advised him accordingly.
    I can't offer you anything encouraging, except to say vacate the home.
    It looks as if you might make it to January, because of your November hearing and the ensuing holidays.
    That said, Illinois isn't a community property state.
    If you frce ths, assuming you can, the worst a court can do to him for contempt is to send him to jail.
    That would only make things more difficult.
    He could even wind up losing his job.
    That benefits no one.
    I suggest you prepare to move, and BEG the court's mercy by seeking MORE time.
     

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