Check out some similar questions!

Kevin W · Apr 9, 2014, 11:05 AM

I live in Illinois (cook county) and I own a townhome that is now in foreclosure. The eviction is related to the townhome homeowners association and my failure to make payments on monthly association dues. I received this final eviction notice letter on Monday even though the letter is dated March 14th. I also never received any prior eviction notices. I'm freaking out and afraid the sheriff will be at my house to remove me. WhaT can be done immediately to halt this process. I have some money to pay about half of the association dues and other court costs. I can't think straight.

ScottGem · Apr 9, 2014, 11:16 AM

Did the eviction notice indicate a court docket #? I have the feeling that this is a not real. If there is a court docket # you need to go to the court and ask that the eviction order be vacated on the grounds of improper service. So you can have your day in court.

But I don't believe eviction is the proper process here. I don't believe a court will issue an eviction order to a home owner. That's why this doesn't ring true. Once the foreclosure is finalized and the property reverts to new owners, then you could be evicted, but not while you still own the property. Something doesn't smell right.

AK lawyer · Apr 9, 2014, 11:30 AM

If the HOA is foreclosing it's lien, it is conceivable that the court would issue an eviction notice after the judgment has been entered. It is also conceivable that the sheriff would have mailed this to the OP as a courtesy. I would call the sheriff's office to find out.

But unless OP has been served with process, it very well may be bogus. If the notice identifies the court and case number, OP should call the clerk of court to find out if an eviction order has been entered by a judge. OP writes that the property is "in foreclosure". That suggests that OP is aware of a court case.

Also, keep in mind that there would normally be a distinction between an eviction notice and an eviction order. The notice would be served on OP before a court action is commenced, an order after the court case is over (and, as I say, if there is a court case OP should have been served with process when the court case was commenced).

ScottGem · Apr 9, 2014, 11:35 AM

I'm still skeptical that a court would issue an eviction in this case. But you make a good point that the OP used eviction "notice", not order. Without seeing this notice, we don't know if it's a notice of a hearing, or an actual order to vacate.

Kevin W · Apr 9, 2014, 11:37 AM

Originally Posted by ScottGem

Did the eviction notice indicate a court docket #? I have the feeling that this is a not real. If there is a court docket # you need to go to the court and ask that the eviction order be vacated on the grounds of improper service. So you can have your day in court.

But I don't believe eviction is the proper process here. I don't believe a court will issue an eviction order to a home owner. That's why this doesn't ring true. Once the foreclosure is finalized and the property reverts to new owners, then you could be evicted, but not while you still own the property. Something doesn't smell right.

There is a copy of the "Order of possession" from December. I have never seen this beofre.

ScottGem · Apr 9, 2014, 11:43 AM

Originally Posted by Kevin W

There is a copy of the "Order of possession" from December. I have never seen this before.

Again, without knowing exactly what the documents said, its hard to answer. But we have told you what you need to do. That is check with the courts and see what court actions have been taken. The documents should indicate a docket # and court for you to contact.

AK lawyer · Apr 9, 2014, 12:41 PM

Originally Posted by Kevin W

There is a copy of the "Order of possession" from December. I have never seen this beofre.

If the court has entered a judgment or order, it is most probable that you were not properly served with process. Either that, or you were served, you ignored it, and therefore default was entered against you (which would explain the fact that you never saw the order before; they don't have to serve anything on you once you have been defaulted).

As we told by before, contact the clerk of court and find out what's what. You may need to file a motion to quash the judgment or order, if process was not served on you properly.

Kevin W · Apr 9, 2014, 02:20 PM

OK, it's all real. This is the final notification that the eviction for the order of possession will be enforced. What can I do to stop this?I did find a site that lists the sheriff's unit eviction schedule. If I understanding this the schedule uses the court docket number as to identify who is being evicted. If this is right then I'm safe tomorrow and Friday. The schedule only shows the next 2 days. I did call (left a message) the lawyers for the home owners association, to see what is owed to date. I can pay a good chunk of it. But I live in fear of being evicted.ex. A docket number reads 13M51701, the "receipt" number on this schedule list is 7 digits without the letter M, but they all start with the number 13.

ScottGem · Apr 9, 2014, 03:12 PM

We told you what to do. You go back to the court and ask that they vacate the order on the grounds that you were never properly served. This is assuming that you received no prior notice of a hearing. This is basically a delaying tactic, but it could give you time to work out something with the HOA.