Erica Crohn Minchella’s Answers

Erica Crohn Minchella

Skokie Foreclosure Attorney.

Contributor Level 14
  1. A friend of mine wants to buy a condo in my name as her trust but I 'm not sure how this will affect my tax status

    Answered over 3 years ago.

    1. Harvey Mechanic
    2. Erica Crohn Minchella
    3. Kerry G. Patton
    3 lawyer answers

    True story: I have a client, Mrs. Jones, who was asked by a friend, Mrs. Smith, to use her, Jones', credit to buy a home for Smith and Jones would have use of it. Ironically, Jones didn't own her own residence, but she agreed to take on a mortgage and title to property because Smith couldn't. Fast forward three years: Smith decided she no longer could afford the property. She advised the lender to change the address where the bills were being sent so that they would be sent to Jones....

    1 person marked this answer as helpful

  2. Which is more successful in completing a short sale - a motion to sell or a motion to abandon?

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    I'm not sure makes a difference. There is nothing under any law or regulations I know of - Bankruptcy, the Rules governing the governments "encouragement" of Banks assisting homeowners, or otherwise - that would REQUIRE a lender to accept a short sale. If the Trustee has abandoned the property - which he or she likely has if you need a short sale to liquidate it - then you own the property again and you have the right to do anything you want with it. Whether the lender will accept a short...

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  3. Abstract of judgment recorded against someone with my name

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    Contact the plaintiff's attorney for the case that created the lien against your property and explain the situation. If they do not remove the judgment voluntarily, you can hire an attorney to sue them for "Slander of Title" or to "Quiet Title". There may will be punitive damages that can be assessed against that Plaintiff if you can prove you are not the person who was sued and that the property does not belong to the person who was sued, if you have to complete your lawsuit to clear the...

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  4. If there are several judgement/liens on real estate who gets paid first?

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    When it comes to liens, the general rule is "first in time, first in right". You, however, are asking a number of different questions that require a variety of answers. If the relative's lien was recorded first, it takes precedence over the judgment lien. However, it has to be a valid lien and the amount of the lien can be called into question. If you transfer an interest in property without value it is called a "fraudulent conveyance". A fraudulent conveyance is a transfer of an...

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  5. How would I get land deeded to me that my county courthouse says they have no records of?

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    I think you may be approaching the wrong government offices. There should be an office of a "Recorder of Deeds" in your County. It is a County office, not city, not state. A Recorder of Deeds keeps a record of all the real property in the county, who owns it, who has liens against it and so forth. Locating that office should help you get the information you need. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The...

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  6. What does a foreign national need to be aware of when buying and selling real estate in the US?

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    I cannot answer all of your questions, but I can certainly warn you of a "gotcha". Client had a work visa for the US, bought a condo, got fired and lost his work visa. Since this is a down market, he couldn't sell. And, he bought in a building that did not allow rentals. So be sure: 1. The visa is secure. 2. In the event that the property needs to be rented, that it is rentable property. This answer does not constitute legal advice and does not and is not intended to create an...

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  7. I signed a quit claim deed when I divorced, but my ex has not refinanced and has been late. What are my options?

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    This really is a matter for your divorce lawyer to address. He or she can get back into Court and have the Judge enforce his Order by forcing the sale of the property. He might also insist on financial compensation for your not getting what you should have, when you should have. 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...

    1 person marked this answer as helpful

  8. Partition Suit Settlement

    Answered about 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    The Court in which a partition suit is brought is a Court of Equity, not a Court of Law. What that means for the litigants is that the Court can look at which each party brings to and took from the property and divide the equities between the parties in a manner that makes it fair for all. In the instance where the property is not worth what is owed against it, the Court may required the sale of the property to pay off the debt and to do so by short sale, in which instance the Court will...

    1 person marked this answer as helpful

  9. Can I legally sell my half of my house without the consent of the other owner?

    Answered about 4 years ago.

    1. Richard J. Brickwedde
    2. Paul Stephen Johnson
    3. Erica Crohn Minchella
    3 lawyer answers

    Are you sure there was no provision in your divorce decree as to how the property was to be dealt with? If there was no provision, another possible was of addressing this is to bring a suit for "partition" which generally will provide for either the sale of the property and distribution of proceeds or that one or the other owners has to buy out the other. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may...

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  10. Can You sell private property of off a forclosed propert.y

    Answered about 4 years ago.

    1. Erica Crohn Minchella
    1 lawyer answer

    Once the foreclosure is complete and title has transferred to the lender, the personalty in the property - refrigerator, stove, washer and dryer, pool - all become property of the lender. Had Pete sold you the pool before the foreclosure completed, he would have been within his rights. You are entitled to you money back from Pete - as the pool was not his to sell (good luck!) and you have received, in essence, stolen property and need to return it. This answer does not constitute legal...

    1 person marked this answer as helpful