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    Can condo association collect condo fees on unit in foreclosure?

    stephen polinsky on Sat, Mar 23, 2013 @ 09:46 AM


    If our condo unit is in foreclosure (Illinois), and we are current on the assessments, can the condo association charge legal fees? Our condo association was named as a defendant along with us on the Mortgage Foreclosure Summons since "it may have some interest in the subject real estate by virtue of unpaid assessments or other charges" and "its interest in the mortgaged real estate is sought to be terminated and alleged to be subordinate to that of the plaintiff.” We are current on our assessments and intend to be throughout the foreclosure process and the condo association has no lien on our unit. I received my assessment bill and we are being charged legal fees in connection with the foreclosure. Can they continue billing legal fees if we remain current on our assessments? The foreclosure can drag out for 2 years and I'm afraid we will be billed monthly legal fees until its over.

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