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Erica Crohn Minchella

Erica Minchella’s Answers

446 total


  • Regarding real estate

    i was under contract witha s short sale home, the home did not pass inspection, and the bank denied the loan, i got my deposit back, am i still under contract with my agent, can i work with someone else, or do i have to inform my agent if want to ...

    Erica’s Answer

    If you are the buyer - which I assume from your post you are - you are not under contract with your agent and may choose another agent to assist you in purchasing a property - that is unless you specifically signed an agreement for the agent to act as your broker in a purchase transaction.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • Got divorced, bought a house in my name only on mortgage & deed, if my bf and I get married, can his ex-wife put a lien on house

    He currently owes her back support so can she put a lien on my home?

    Erica’s Answer

    The ex-wife CAN put a lien on the house if you add your boyfriend to title after you get married. Make sure you keep your property separate from his. As long as the property stays in your name solely, there should be no problem.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • I am concerned about being sued and protecting my house.

    Will putting the house in a trust prevent me from losing it?

    Erica’s Answer

    • Selected as best answer

    You can put your house in a trust, but that just makes it more difficult for the creditor, it doesn't necessarily stop them.

    If there is a judgment against you, the creditor can ask you to appear for a "Citation to Discover Assets" at which time you would be sworn to testify. So let's say you appear for the Citation hearing. You are asked the question - "Have you owned any real estate in the past two years?" Since you would be answering under oath, you would have to say "Yes", and then they can get into how you owned the property and what happened to it. If you say "I transferred it into a Land Trust", and presumably you are a beneficiary under the Trust, they could then get a lien against the beneficial interest and force the sale of the interest. If you try to transfer the beneficial interest to someone else, that would be considered a "fraudulent conveyance" and the transaction could just be undone. There may be some other options available to you, but you need to be talking to an attorney who understand "asset protection".

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance

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  • Does a quitclaim Grantor have to sign their name as the exact name as it appears on the title deed?

    My mother owns property from her first marriage, and the title is in the name of A. She has remarried to Mr. B, and has changed her last name to B. My mother gave me a quitclaim deed to the property which she signed off as Mrs. B. I filed the Quit...

    Erica’s Answer

    Your best bet is to call a title company in your area and confirm the manner in which they would clear title to allow you to SELL the property in the event you chose to do so. They would probably need a copy of her marriage certificate. It will probably be sufficient for her to type in as Grantor "Mrs. A., now known as Mrs. B" or "Mrs. B. formerly known as Mrs. A" and to sign the document in the same way.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • Do I need a land survey before I buy a house in Chicago?

    Is it required to have it done for either title insurance or mortgage approval?

    Erica’s Answer

    It is up to your lender. It is likely they will require it because the title company will not insure over encroachments if they cannot see a survey.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • Land survey pricing

    I'm buing a foreclosure and need to get a land survey of a single family property in Chicago. It's a regular Chicago lot 25x130. How much does a survey normally cost in Chicago? Can I obtain a copy of the previous survey? Thank you!

    Erica’s Answer

    The survey should cost between $200 and $250. If you are quoted more than that for a single family lot, then you are paying too much.

    The only way to get an earlier survey is to talk to a prior purchaser of that property as surveys are not part of a public record.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • Buying a house on land contract, the owner is in a forecloser

    . we are buying a house on a land contract, the owner has not made a payment since sept-2010. we been making payments to the owner, but now they are in a forecloser, what should we do?

    Erica’s Answer

    It is impossible to answer your question on this site. An attorney would need to look at your Contract for Deed and the foreclosure proceedings to properly advise you. You should seek counsel in your area that is knowledgeable about real estate and foreclosure litigation.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • If there are two people on a house title but only one of them is on the mortgage, are both parties in jeopardy if the loan goes

    I have a mortgage on my home in my name only but the house has two people on the deed. Due to a combination of medical problems I had a major drop in mt income and asked my bank for a loan modification. After two years of negotiations, they turn...

    Erica’s Answer

    In order to sever the rights of the person on the title but not on the mortgage, the lender must file a foreclosure against all parties on title. This can affect a credit score or the ability to refinance, since only the fact that there is a foreclosure, and not the right to collect a debt, will show up on the credit report. It may require a complaint or explanation to the credit reporting agencies.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • Two people are on deed, one on mortgage. Does the person who holds mortgage have right to sell home? Additionally, how can you

    remove person from deed who is unwilling to sell home. Party is unmarried.

    Erica’s Answer

    Every person who is on title must sign a subsequent Deed conveying the property or the conveyance is no good - whether or not that person is on the mortgage. The only way to get around selling a property that a party to title does not want to sell is to bring a "partition" action. If you suspect that the property is being sold without your signature and you are, in fact, on title, you should hire legal counsel to assure that your rights are protected.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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  • My father died intestate in 1998, when I was 10. His estates being sued for property taxes from 1990-now. What are my options?

    I was told my only options were to either pay the taxes dating back almost 20 years ago or I will have a foreclosure on my credit record. Is there a statute of limitation and also can I be liable for the delinquencies that began in the 90'-early 2...

    Erica’s Answer

    You need to hire an attorney who concentrates in this area of law to help you resolve your rights. It is unclear from your statement who is suing you. Is it the government or the lender who made the payments for those taxes.

    The fact that you were a child when the taxes were assessed has nothing to do with the ESTATE'S obligations. Likewise, the fact that the estate is being sued, has no bearing on your credit.

    This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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