Erica Crohn Minchella’s Answers

Erica Crohn Minchella

Skokie Foreclosure Attorney.

Contributor Level 14
  1. I have a cabin in Wisc with my ex wife and she wants me to sign a deal for less what I signed a contract for. can she make me

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    2. Henry Repay
    2 lawyer answers

    It is impossible to answer your question without knowing what your divorce decree says about the sale of this property. Whether she can "force" you to sign may well have been provided for in that document, so any response would be purely speculative. You should speak with your divorce counsel about how the sale of this property was addressed. Logically, though, the property has been up for sale for 3 years and this is the only offer you have had. Do you think it's going to get better?...

  2. Mother died but we never changed the name on the deed

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    2. Henry Repay
    2 lawyer answers

    You should be able to get title changed by bringing a certified copy of the death certificate to the Recorders office. If you don't do that, you can bring it to a closing if you go to sell the property. There is nothing illegal about living in the house without the title being correct, but it would need to be corrected if you want to finance or sell the house. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law...

  3. Want to know about prevoiusly attained adjustable rate mortgage

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    It is impossible for an attorney to answer this question for you without looking at the loan documentation. The mere fact that the bank says it "can't adjust" your mortgage, doesn't mean they don't have a contractual obligation to do so if you are not in default. Find an attorney who understands how to read your documentation - preferably one who handles real estate litigation - and have them look through your original loan documentation. They can give you some advice on how to deal...

  4. Eight years ago my girlfriend and I bought a house together. We both signed the mortgage. One year later I moved out and haven't

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    As long as there is a mortgage on the property, you will be obligated on it and any defaults will continue to affect your credit. As a co-owner of the property, you can file suit for partition, which, essentially, will force the sale of the property. Understand, however, that if the property value is less than the mortgage, you may be forced to either pay the bank the difference, or sell at a "short sale". A short sale will affect your credit, can become a debt against your for the...

  5. My dad left a house to my sister and I .It's in a trust. I want out How do we come up with a fair price? She's currently living

    Answered almost 5 years ago.

    1. Henry Repay
    2. Erica Crohn Minchella
    2 lawyer answers

    Your question is a little confusing. Are you trying to figure out how much she should pay you for your share of the property? If so, you can have the property appraised to determine its current value. She would then be responsible for paying you half of the value less half of the cost of maintenance of the property. If you are trying to determine the amount you would split in the event the house gets sold, then the market will set the price. Find a local real estate agent who can help...

  6. Can a home contractor sue us?

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    Your question is a little confusing, so I am going to try and sort through a few possible scenarios: First if your son's estate contracted for the building of the house and there is a dispute as to additional money that he claims his due, he would have to sue the estate. The attorney for the estate should be able to either (1) defend on the basis of the contract that says the cost cannot go over "X" or (2) ask that the matter be moved to probate court and have it adjudicated there. It is...

  7. Parking Garage v. s. uncovered parking space

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    You should look at the Declarations, bylaws and minutes to determine what decisions have been made about the respective parking spaces. You should be able to find the answers to your questions there. Those documents should clarify what parts of the building are considered "common area" and should help you understand who is responsible for maintenance. You may need to seek legal counsel to clarify - the attorney who helped you with your closing should be able to answer questions about your...

  8. Real Estate Contract Dispute

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    If the lender has a mortgage on the property they may (1) sue for foreclosure; and (2) sue you personally on the note. The fact that you do not have an interest in the property does not impact the lender's right to foreclose on your interest - which is now held by your siblings. When the Court awarded them the judicial deed and order of possession, I would assume it would have been subject to the mortgage that you took out, as I doubt that the judge would have had the right to just wipe out...

  9. Quit Claim Deed.

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    Glen - You need to clarify your question. It is unclear as to whether you are trying to find out how to get someone else to give you a Quitclaim Deed or whether you are looking for the form. If you are looking to have someone give you a Quitclaim Deed, you need to make sure that your form includes the name of the Grantor, the name of the Grantee, the correct legal description of the property, the permanent index number for the property, that it is signed by the Grantor and that the Grantor'...

  10. Is a lease considered valid ir lessor never signed it?

    Answered almost 5 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    A lease is a contract. In order for a contract to be valid, there are three elements which need to be present - offer, acceptance and consideration. There was an "offer" - you signed the lease, there was "consideration" - you paid the security deposit. If you withdraw your offer before there is "acceptance", the contract is void. You should be entitled to your security deposit back and you cannot be held responsible for living up to the obligations under the lease.