Erica Crohn Minchella’s Answers

Erica Crohn Minchella

Skokie Foreclosure Attorney.

Contributor Level 14
  1. Is there any legal action we can take?

    Answered over 4 years ago.

    1. Erica Crohn Minchella
    2. Lauren Morgan Ellerman
    2 lawyer answers

    Two thoughts came to mind, when I read your posting: First, did you close with a title company? If so, check with them to see if they kept a copy. Secondly, who are you paying your mortgage to? If you were to go into default, whoever tried to foreclose against you would have to provide a copy of the note. My suggestion is to work that idea backwards - i.e. Contact the company - servicer, bank or institution - and ask them to provide a copy of the note on which you are paying your...

    Selected as best answer

  2. My neighbor has a 25' saguaro 7' from my home. Its leaning toward my roof,held up with stakes and rope. Help! what can i do?

    Answered almost 4 years ago.

    1. John M McKindles
    2. Erica Crohn Minchella
    2 lawyer answers

    I don't mean to be flippant about this -- but make sure your homeowner's insurance is paid up and that it will address this claim. Talk to your insurance agent about it. It is likely that your neighbor's insurance will be responsible, but that will likely be a resolution between your insurance company and theirs. 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...

    4 people marked this answer as helpful

  3. I recently bought a foreclosed home, a neighbor came to me afterwards saying he has a 5yr lease on my garage, what can i do?

    Answered over 3 years ago.

    1. K Shaylan Baldwin
    2. Henry Repay
    3. Erica Crohn Minchella
    3 lawyer answers

    In addition to Mr. Repay's answer, you should demand that the neighbor produce a copy of the lease. 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. This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may...

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

    Answered over 3 years ago.

    1. Erica Crohn Minchella
    2. James B. Spina
    2 lawyer answers

    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.

  5. Lease option in Illinois

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Erica Crohn Minchella
    2 lawyer answers

    You might want to assure against this problem by either have an third party independent take your rent payments and apply them to the mortgage or, alternatively, make the mortgage payments yourself and provide proof of payment each month to your landlord. 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...

  6. I purchased a home in IL less than 2 months ago. within two weeks my main sewer line backed up with water into my basement.

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Erica Crohn Minchella
    2 lawyer answers

    Did you get an inspection of your home? See if the inspector did his job right. That may be your only recourse. After all it is only $3000 - the legal fees alone could be the amount you are trying to collect. 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.

  7. I've heard the term: "to cloud a title," Is there is such a thing? And if so what does it mean. Is there any advantages to it

    Answered over 3 years ago.

    1. Evelyn Watts Cloninger
    2. Alan James Brinkmeier
    3. Erica Crohn Minchella
    3 lawyer answers

    "Clouding Title" means that there is a lien or claim against title preventing it from being transferred. That is generally not an issue with a foreclosure, because the lender forecloses out any subordinate claims to theirs as lender. There are many defenses to foreclosure, especially in these days when the lending standards of the 2000's were in such disarray. Unless you feel competent to represent yourself in a foreclosure, you need counsel to help get you through a foreclosure...

  8. I'm married and husband is in nursing home after a severe stroke. his name is on mortgage and title, not mine.

    Answered almost 4 years ago.

    1. Erica Crohn Minchella
    2. Stephen Samuel Messutta
    2 lawyer answers

    The spouse of a mortgagor (the person who signed the mortgage), if they are not a signer, holds a "homestead" interest. It is an interest at a superior level to the mortgage company, unless you signed the mortgage to waive your homestead. In the event that you walk away from the property, you might be sued for the sole purpose of foreclosing out your homestead interest - not for money damages. If they don't sue you, the Lender has to worry about your trying to claim your homestead interest,...

  9. Can I sell my portion of a property with impunity?

    Answered almost 4 years ago.

    1. Stephen Samuel Messutta
    2. Erica Crohn Minchella
    3. Henry Repay
    3 lawyer answers

    The way you have drafted your question, there is an implication that you might have drafted a partnership agreement before transferring an interest to your partner. If you did, kudos. This is a topic I preach, write and counsel on regularly. Clearly, you have a road map for how to proceed forward. There is still, however, information missing from your post, without which it is difficult to advise you. You should contact a real estate agent about the value of the property - so you have...

  10. What rights do we have in a co-owned building as owners that reside there?

    Answered about 4 years ago.

    1. Erica Crohn Minchella
    2. Paul Stephen Johnson
    2 lawyer answers

    Your only option, as you described the facts, is a partition suit. Before you go that route, let your husband's cousin know that it is your intent to sue. That might force a settlement. Make sure you have all of your documentation regarding the costs you have borne for supporting this property. 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...