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When is the Bank or a Third Party Responsible for Assessments After a Condo Forecloses?
- Details
- Written by Lauren Peddinghaus
- Category: What We're Thinking About Lately...
Handling a foreclosure in your condominium association can be confusing, and the process can drag on. If you are not collecting assessments from the condo owner while the foreclosure plays out, you should first understand what you need to do to protect any delinquent amounts and when you can expect to be paid post-foreclosure.
A foreclosure concludes with the judicial sale, when the property is auctioned. At this point, the property may be purchased by a third party or revert to the bank. Whichever entity takes ownership, they will be responsible for paying assessments as of the 1st of the month following the judicial sale date.
The lien on the unit is not extinguished until the bank or third party begins paying assessments. If the assessments are not paid promptly following the confirmation of the judicial sale (usually 1-2 months after the judicial sale date), the association may have a right to collect all of the assessments unpaid by the prior owner.
The association will recover delinquent amounts from the prior owner per statute from the third party or from the purchaser of the unit when the bank re-sells the property.
Legal Action Required to Collect Delinquent Assessments from Foreclosed Units
- Details
- Written by Lauren Peddinghaus
- Category: What We're Thinking About Lately...
When a condo owner goes into foreclosure, it is imperative that board review the owner's account for delinquencies and take the proper action to preserve any unpaid balances owed to the association.
If an owner has not been paying assessments throughout the foreclosure and the association does not take any legal action during that time, the lien against the unit for unpaid amounts will be extinguished by the foreclosure action and the association will not have any recourse to collect against the owner.
Thanks to Section 9(g)(4) of the Illinois Condominium Property Act, however, an association has the right to collect 6 months of assessments unpaid by the owner if they have taken legal collection action. In June 2018, in Sylvia, LLC v. Baldwin Court Condominium Association, the Court clarified that filing a lien against the unit is sufficient to satisfy the legal action required by Section 9(g)(4) and preserve the right of the association to collect 6 months of unpaid assessments.
The unpaid assessments are paid either by a third party who purchases the unit at the judicial sale or by the purchaser who purchases the unit from the bank following the foreclosure.
There are other collection options that allow the association to collect all of the amounts due from the delinquent owner even if the unit is foreclosed. The route your association should take depends on a number of factors. If you need help with collection issues, contact Haus Financial Services for more information.
Property Tax Appeal Workshop TONIGHT (3/6) with Joe Moore
- Details
- Written by Alexa Jackson
- Category: What We're Thinking About Lately...
Joe Moore has teamed up with Cook County Commissioner Larry Suffredin to offer a convenient opportunity to learn how to appeal your property tax assessment and possibly lower your tax bill.
Commissioner Suffredin and Joe Moore will be hosting a Property Tax Appeal Workshop, this Wednesday, March 6th, 6:30 p.m. at the Willye White Park Fieldhouse, 1610 W. Howard (at Ashland).
If you are thinking about appealing your assessment, this would be a very helpful event to attend.
The assessed value of your property is one of the factors that determine the amount of property taxes you pay. This assessed value is determined by the Cook County Assessor.
The Assessor’s office last month mailed notices of the assessments to every property owner in Rogers Park. If you believe your property assessment is improper, you have a right to appeal that assessment.
If you own property in Rogers Park Township (Devon to the Evanston border, Kedzie to the Lake), you have until Monday, March 18th, to submit an appeal to the Cook County Assessor.
At the workshop on Wednesday, you will learn how the assessment process works, how to file an appeal with the County Assessor's office and how an appeal is granted. Staff will be available to answer your questions and help complete your appeal forms.
Please bring a copy of your property tax bill or have your property index number (PIN) available. This information will help you file an appeal more efficiently.
Make sure you file your appeal before the March 18th deadline.
Property Tax Relief for Seniors in Cook County
- Details
- Written by Lauren Peddinghaus
- Category: What We're Thinking About Lately...
Cook County Property Tax-Relief Program for Senior Citizens Seniors whose annual household income is $55,000 or less can apply to the Senior Citizen Real Estate Tax Deferral Program for loans to cover property tax payments. The State of Illinois issues the loans, which do not have to be repaid until the property is sold or the homeowner dies. An interest rate of 6 percent per year is charged by the state. The maximum loan is $5,000 per year. To qualify, homeowners must be at least 65 years old by June 1 of the year in which the application is made.
To apply:
- Download the application from cookcountytreasurer.com
- Submit the completed application and copies of the required documents to the Treasurer’s Office
- The deadline is March 1, 2019. Applications after that date cannot be accepted
- Homeowners must reapply every year
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