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Eviction Case Filed Under My Name and I'm Not the One Being Evicted

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  • 10-02-2018, 07:56 AM
    flyingron
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted. Please Help
    Quote:

    No, they do not have standing to evict. They have standing to bring a breach of contract case against the OP but NOT standing to evict.
    You keep saying that and you are still wrong. They DO have standing. The Illinois Condo Act SPECIFICALLY provides for that remedy (as previously posted).

    (a) In the event of any default by any unit owner, his tenant, invitee or guest in the performance of his obligations under this Act or under the declaration, bylaws, or the rules and regulations of the board of managers, the board of managers or its agents shall have such rights and remedies as provided in the Act or condominium instruments including the right to maintain an eviction action against such defaulting unit owner or his tenant for the benefit of all the other unit owners in the manner prescribed by Article IX of the Code of Civil Procedur


    The suit is PROPER. The PROPER people have been named and the association has standing.
  • 10-02-2018, 10:48 AM
    Mr. Knowitall
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted
    Quote:

    Quoting flyingron
    View Post
    Yes, not only was it proper to name you, it's well advised. You were the one allowing the "tenants."
    It will go away once the case is dismissed.

    Quote:

    Quoting harold327
    View Post
    What about the public record? I don't believe that will ever go away? is there anything I can do?

    Quote:

    Quoting flyingron
    View Post
    What public record? Most of the dockets go away after the case is disposed of. What are you concerned about?

    To be clear here, the court will maintain its records, including the names of the parties, but although court records are public records it is unusual for people to do any sort of deep dig to research the content of an old court file.

    What is likely to appear on a credit report is a money judgment or judgment of eviction. As it does not appear that there is yet such a judgment, assuming that the issue is now resolved you can probably get the HOA to agree to dismiss the lawsuit as part of a settlement of the case. If the case is dismissed, such that no judgment is entered, there will be no money judgment or judgment of eviction that could appear on your credit report.
  • 10-02-2018, 11:32 AM
    flyingron
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted
    Precisely. I contend that the case will disappear from most public searches in short order. Yes, the judgement would have been a problem. That's why I was asking him just what he was concerned over.
  • 10-02-2018, 03:42 PM
    budwad
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted
    I'm not convinced that this is an eviction case from what has been posted. It may well be a complaint in forcible entry and detainer with a right to possession.

    When a unit owner violates the covenants, they well may lose the unit.

    llworking says that it is a breach of contract issue, It very well would not be.
  • 10-02-2018, 09:46 PM
    Mr. Knowitall
    Re: Eviction Case Filed Under My Name and I'm Not the One Being Evicted
    The fact that the OP repeatedly identified the lawsuit as an eviction case stands as pretty good cause to believe that it is an eviction case.

    Quote:

    Quoting budwad
    View Post
    It may well be a complaint in forcible entry and detainer with a right to possession.

    Which would be how courts in some states describe eviction actions.
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