Skip to main content
Erica Crohn Minchella

Erica Minchella’s Answers

446 total


  • Short sale, bankruptcy and ability to reverse.

    My wife and I entered into a contract with a buyer on a short sale property. In the process of the bank approval, we have learned that the home has entered into bankruptcy and/or trustee sale. My question is whether this can be stopped and retur...

    Erica’s Answer

    I am equally confused, but assume that you meant to say "seller" instead of "buyer" in your first sentence.

    If the seller filed a bankruptcy, you should still be able to buy the home. The seller's Bankruptcy Trustee is unlikely to be interested in the property as there is no equity and therefore no money for the Bankruptcy Estate to recover.

    Your transaction may be delayed until the Trustee "abandons" this asset. Speak with a Bankruptcy Attorney for direction on this.

    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.

    See question 
  • Do I need to get another lawyer? Attorney working on case wont return my calls.

    I purchased some real estate and since then, others have claimed that part of the property belong to them and they have started putting up a fence on my property. I have a survey of the property and a judge has ask them to remove the fence. A fe...

    Erica’s Answer

    If the attorney who worked on your case won't return your calls, you should hire new counsel. Ignoring a notice that your case has been re-opened won't make it go away. You need to make sure you are properly represented.

    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.

    See question 
  • Petition to partition

    can i petition a partition if the mortgage is more than the house is worth?

    Erica’s Answer

    Yes. The partition action would be against a co-owner, not the mortgage company. If the property is ordered sold, you would need to do a short sale. Therefore, it might be in everyone's best interest to settle rather than incur attorneys fees.

    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.

    See question 
  • On my mortgage document, it says "borrower grants to MERS (and it's successors and assigns)....?

    I found these sentences on my mortgage document: "MERS is a separate corporation.....MERS is the mortgagee..." "MERS is nominee solely for the lender (and the lender's successors and assigns), and the successors and assigns of MERS" "For ...

    Erica’s Answer

    If you are looking at this by way of defending a foreclosure, you should know that the Judges in Cook County - and the Appellate Court of Illinois, will accept MERS as a servicer and acknowledge that whatever entity gets an assignment of the Mortgage and Note has standing to bring the foreclosure. Although in states like Ohio and Kansas and New York are much more protective of mortgagors (borrowers) with the assignments of Mortgages, Illinois is not that enlightened.

    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.

    See question 
  • My refi was with a wholesale lender - the funder sold the loan to a bank, who has legal interest here?

    The mortgage and note are made out to the wharehouse lender's name - except it says MERS is mortgagee - which contradicts my h/o ins policy which must read the lender as mortgagee. I found out the lender is not the funder. Funder is never mentione...

    Erica’s Answer

    Whoever holds the Note and Mortgage is entitled to file the foreclosure. It would entail a long legal discussion to explain how a party might get the Note and Mortgage and what defenses might prevail if the assignment to the party who sues did not get the assignment. There is no way for me to answer this in the space allotted by Avvo. Be aware that although lenders - and their attorneys - DO make mistakes in assigning mortgages, it is difficult to mount a defense on the basis of who received an assignment of the Note and Mortgage.

    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.

    See question 
  • Can we hold a home seller to inaccurate remarks made on MLS iin Virginia?

    Can we hold a home seller to inaccurate remarks made on MLS iin Virginia? The listing states that the present asking price of the home (which happened to be $479,900) is "$32,400 below tax assessment." I checked the city's tax assessor website f...

    Erica’s Answer

    You can offer anything you want. You don't have a contract with the Seller until they accept your offer.

    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.

    See question 
  • Loan for home in my name, boyfriend on title not loan. his name is spell incorrect on title, he wont remove his name off titl

    hello i got a laon to purchase a home and my boyfriend name is on the title but not the loan. he has move part of his things out but will not take his name off title. there is no equity in the home.

    Erica’s Answer

    Your only choices to get your ex-boyfriend off of title are for him to sign a Quitclaim Deed, or for you to file suit for partition. If you can not get his agreement, you should consider filing suit while there is no equity to distribute, as once there is, he may demand a portion.

    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.

    See question 
  • How can a bank give an elderly person "3 forty year mortgages", even though their fixed income could not support the payments?

    I recently found out that my mom has "3" mortgages through a "reputable national bank". She's always had extremely good credit, and modest savings. So, I did not find out about these mortgages until she began to struggle with payments when all of...

    Erica’s Answer

    Actually, the Bank cannot deny the mortgage based on her age as it would be age discrimination. Of course, they would have been looking, in part, at the amount of equity in the property at the time the loan was given.

    Mr. Brinkman is right. There are details missing with which to help you. For instance, were these loans "churned" by the same bank, not for the purpose of assisting you Mom, but for the purpose of generating fees. Or were the loans from three different banks.

    If she is concerned that she was not treated fairly, your best recourse would be to sit down with an attorney who practices in the area and let them do a complete analysis of the situation.

    Good luck!

    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.

    See question 
  • If there are several judgement/liens on real estate who gets paid first?

    If a person owes a relative a large sum of money and allows the relative to have liens on various real estates to secure payment, can another creditor sue, get a judgment and/or lien and be put at the front of the line for collection? And as ...

    Erica’s 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 interest in property (real or personal) with the intent to hinder, delay or defraud creditors. If a fraudulent conveyance is made and the Court agrees, the status of the parties is brought back to the point prior to the conveyance as if it had never occurred.

    Even if you put a lien against the property for a valid claim by a relative, you still cannot sell the property without paying or obtaining an agreement to release the judgment lien. Additionally, a judgment lien creditor can choose to foreclose, payoff prior lienholders and take possession of the property.

    YOU SHOULD TALK TO AN ATTORNEY about what you are trying to structure. There may be much more effective (and legal) ways of doing this than what you are contemplating.

    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.

    See question 
  • How would I get land deeded to me that my county courthouse says they have no records of?

    I've called the Secretary of State and they couldn't help, my county courthouse says they can't find any information on the previous owner. What direction can I take from here to obtain this land?

    Erica’s 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 law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

    See question