On more occasions then I care to admit, I have had a potential client sitting in my office ready to
bet me money that their lender had not filed a lawsuit against them. The conversation usually goes something like this:
“I see they officially started the foreclosure process last March. According to the online docket…” I begin as calmly as I can.
“What!?” they interrupt with underlying panic in their voice. “There can’t be a foreclosure lawsuit
pending against me. I’ve been working with the bank on [fill in the blank with about 10 options].
They promised nothing would be filed while we tried to work it out!”
I wish I could claim that as the all-knowing FREST (Foreclosure Representation to Extend
Stay Time) attorney that I had a magical crystal ball showing me who is being sued for foreclosure and who is not. However, I cannot claim that because I don’t.
A little known secret (until now): Everyone has access to this information. Not only is each lawsuit a public record that can be accessed by pulling the file in the court building, more and more court systems are posting this information on the Internet!
In Cook County, IL you too can see (at no cost) if a lender has filed a foreclosure lawsuit against
you… or your neighbor… best friend… mortal enemy… you get the point.
By clicking on this link — http://bit.ly/AreYouBeingSuedByYourLender — you will be able to confirm if there is a pending foreclosure. If a lawsuit has been filed, this site provides access to the case docket (i.e. the timeline the case has followed thus far and what was filed with the court when). To obtain the correct information you must exactly follow these few easy steps after you click on the above link:
- Scroll down to Division Name and choose “Chancery”
- Scroll down to “Search by Name”
- Click on the circle next to “defendant”
- Type in the home owner’s name you wish to search (spelling matters)
- Hit the “Search Now” button
Whatever you find, please remember this – knowledge is power. Now that you know, you can do
something about it!
So now what? Regardless of whether or not there is a pending lawsuit, in my opinion your best next step is to connect with a FREE HUD counselor. In Cook County, my favorite organization (to date) is the Rogers Park Community Development Corporation. www.rogersparkcdc.org. (Ask for Heather Hain-Whiteford, current director, and tell her I referred you for services. If you have anything but rave reviews, call me at 773.316.7619!) They will go over all of your options with you. Together, they will help you sort out which options are viable alternatives and guide you through what paperwork you will need to collect for each strategy available to you.
Do not neglect to visit my website www.coffeyatlaw.com to learn more about FREST — (Foreclosure Representation to Extend Stay Time). You are not in this alone. There are free (HUD counselor) and flat-fee based services (my law firm) that will help you through it.
A final piece of advice: if you see your neighbor’s name on the Cook County Clerk’s website and their house is in foreclosure — Be a good neighbor and forward this article to them!
Karen Coffey
Attorney at Law
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