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Unless you live in Chicago, your landlord is not required to tell you when they are facing a foreclosure suit. You still have to pay rent while the foreclosure case is going on. This is true even if the landlord does not inform you about the case.
In some cases, the bank who filed the foreclosure will ask the court to appoint a "receiver." A receiver is someone who manages the property while the foreclosure case is going on. If this happens, the receiver should contact all tenants. They should tell them about the appointment. They will usually start collecting the rent and handling utility and tax payments for the property. If this happens, you should communicate with the receiver. Ask about the status of the case and how it affects you.
Note that foreclosures are public records. If you have reason to think the landlord is facing foreclosure, you can go to your county's Recorder of Deeds office and get more info.
Look for the words “lis pendens” under your building’s record with the county recorder of deeds. This is the document the bank will file against the property when someone stops making their loan payments and they want to file a foreclosure lawsuit.
If you see this document in the recorder's files, your property is very likely in foreclosure. Ask the staff to let you see the documents filed under the lis pendens. There should be a case number on the documents, usually with a combination of numbers and letters.
For example:
- A state foreclosure case number would look like: 2015 CH 34234
- A federal foreclosure case number would look like: 2016cv00000
Cook County
In Cook County, you can find this information on the Cook County Recorder’s website. You will need your building’s PIN number. If you do not know your building’s PIN number, you can find it on the Cook County Assessor’s Office website. You can then look up the case number on the Cook County Circuit Clerk’s website.
You can take your building’s PIN number to the circuit clerk for your county. Ask them to let you see the documents for the case so you can see if a foreclosure case has been filed.
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