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Suit on second mortgage note or credit agreement after foreclosure

Q. I lost my Illinois home to a foreclosure by the bank holding the first mortgage. The foreclosure went to sale, the sale was confirmed, and an order evicting me was entered. The same bank also had a second mortgage at the time. It did not do anything with the second in the foreclosure. About five years later, a debt collector claiming to have purchased the second mortgage note from the bank after the foreclosure sale is demanding that I pay it. Do I have to pay?

A. No. We believe that any action on the second mortgage note is barred under the terms of the Illinois Mortgage Foreclosure Law and that collection attempts on it are unlawful and violate the Fair Debt Collection Practices Act. Please contact us to review your case. There is no charge for consultation.

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