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Suit on second mortgage note or credit agreement after foreclosure on first

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. Our attorneys have a total of more than 100 years experience handling consumer lawsuits, including both lawsuits by consumers and lawsuits against consumers. One of them wrote the book on defending collection lawsuits. D. Edelman, Collection Litigation: Representing the Debtor (Illinois Institute for Continuing Legal Education 2008, 2011, 2014, 2019 editions), as well as the chapters in Illinois Institute for Continuing Legal Education publications on the Truth in Lending Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and mortgage-related claims.

There is no charge for consultation.