It doesn't show up (yet) in the probate records for the Feldkamp estates, but PNC Bank National Association filed a mortgage foreclosure action. Without trotting over to the courthouse, I can't tell in what property their financial interest is, but I can guess.
The residence at 7580 Somerset Drive, in unincorporated McHenry County near Marengo, was owned by Audrey Feldkamp, according to McHenry County property tax records. Mrs. Feldkamp, her husband (John G. (Jack) Feldkamp), and neighbor Doran Bloom died as a result of injuries suffered at the house on June 7, 2011.
On November 2, 2011, PNC Bank N.A. filed a mortgage foreclosure action in McHenry County Circuit Court, Case No. 11CH002563. PNC Bank N.A. is represented by the law firm of Heavner Scott Beyers & Mihlar, LLC. The firm seems to be headquartered in Decatur, Ill., although no address can be found easily on its website (www.hsbattys.com).
The Defendants are
Scott A. Feldkamp, as Independent Executor
Scott A. Feldkamp, individually
Jaclynn Feldkamp
Resource Bank N.A.
Somerset Community Association
Caring Transitions
Transition of Illinois, Inc.
Unknown claimants & lienholders against Audrey Feldkamp
Unknown heirs & devisees of Audrey J. FeldkampUnknown claimants & lienholders against unknown heirs & devisees
It's interesting to me that PNC Bank N.A. has not filed a claim against the estate in the probate matter open in the Circuit Court. Does naming Scott Feldkamp as Executor cover that?
Sure seems like Scott Feldkamp, as Executor, ought to have a good (good=expensive) lawyer representing him. Going head-to-head pro se against a law firm that "...has over 30 years of experience working with lenders to protect their delinquent mortgage assets. Our experienced staff has assisted lenders in the default management department, providing unique insight and being responsive to our clients needs" might require more than a little legal "assistance".
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3 comments:
Going "pro-se" on any estate of any significance is dumb.
OTOH, "pro-se" may not be entirely so, depending on whatever unofficial advice your're receiving.
OTO,OH, depending on the circumstances involved, it CAN sometimes be best to allow matters to "come to a head" in order to more swiftly and economically bring legal matters to a close.
You'd have to privy to the estate balance sheet, as well as a copy of the Will or Trust in order to advance a reasoned and educated opinion.
Gus Said:
>>>> "It's interesting to me that PNC Bank N.A. has not filed a claim against the estate in the probate matter open in the Circuit Court. Does naming Scott Feldkamp as Executor cover that?"
Could mean one of 2 things - that either:
a) They have yet to file a claim, and/or that:
b) They're well assured that whatever loan that they're in receipt of is easily determined to be far less than what the gross estate will be able to be settled for.
Whatever the circumstance, once governmental liens for taxes owed are paid for, banks holding a mortgage are the VERY next in line to be paid before any other claimants. Even heirs.
Another thought, Gus.
It could very well be that PNC's earlier foreclosure is a superior claim, in that the property is already legally encumbered. They may not have to get in line.
The list of Defendants in the foreclosure are not always necessarily owed significant or sometimes even any amount. One example is the Association. This is a list of not only creditors, but potential creditors.
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