Sandra Margaret Emerson’s Answers

Sandra Margaret Emerson

Oak Park Foreclosure Attorney.

Contributor Level 11
  1. Lost reaffirmation paperwork

    Answered about 2 years ago.

    1. Sandra Margaret Emerson
    2. Ronald Jay Drescher
    3. Barry Cahn Boykin
    4. Marc Gregory Wagman
    4 lawyer answers

    Are you sure that you did not sign something else? At first blush, it sounds as if you didn't sign a reaffirmation agreement for either mortgage, but just think that you did. And even if you did and your lawyer just stuck it the file, those debts have already been discharged. I almost never recommend that a Chapter 7 client reaffirm a mortgage.There is no advantage in doing so, unless the lender offers new loan terms that are incredibly favorable to the borrower -- which is extremely rare.

    5 lawyers agreed with this answer

  2. Illinois Means Test question.

    Answered about 4 years ago.

    1. Sandra Margaret Emerson
    2. Marc Gregory Wagman
    2 lawyer answers

    This is a fascinating question, which was actually just (sort of) addressed last month by the Supreme Court's decision in Hamilton v. Lanning. That case wasn't about a Ch. 7, but involved a Ch. 13 in which the debtor's prior six-month income included a buyout that represented an income "increase" just prior to her termination (which, of course, means zero income). The debtor argued that her lowered projected disposable income was a "special circumstance" under the Bankruptcy Code that would...

    Selected as best answer

  3. How do I have a lien removed from a bank account. Debt is paid

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Alan James Brinkmeier
    2 lawyer answers

    Also, have you asked the attorney for Discover to write a letter to the bank? After receiving a cashier's check from a debtor, I fax a letter to the bank directing the bank to release the account.

    Selected as best answer

  4. I was named in ex-husband's foreclosure. I'm not a proper party as I'm divorced, and I'm not on the mortgage or the deed.

    Answered about 3 years ago.

    1. Sandra Margaret Emerson
    2. J. Richard Kulerski
    3. Brian Elliott Arnold
    3 lawyer answers

    You were named in the complaint because you are someone with, arguably, an interest in the property (for all they know, you could still be living there). For this reason, complaints will also name "unknown heirs and legatees" or "unknown occupants." So, assuming it is true you did not sign a note or assume the mortgage in some fashion, you will not be held liable for the debt.

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  5. Wage Garnishment Summons - Second Mortgage company refusing to make contact with us to negotiate payment after a foreclosure.

    Answered 9 days ago.

    1. David Matthew Gotzh
    2. Marc Gregory Wagman
    3. David M Gormley
    4. Mahmoud Faisal Hasan Elkhatib
    5. Sandra Margaret Emerson
    6. ···
    6 lawyer answers

    I agree with the previous answer Morever, Mr. Wagman has an excellent point that the creditor has no incentive to negotiate at this point. And the attorney has no obligation to do so. The only way the creditor could garnish is if the creditor has a judgment against you. If you weren't served, you may be able to get the judgment vacated.

    2 lawyers agreed with this answer

  6. Incomplete modification.

    Answered 6 months ago.

    1. Alan James Brinkmeier
    2. Sandra Margaret Emerson
    3. Tara Leigh Goodwin
    4. Mahmoud Faisal Hasan Elkhatib
    4 lawyer answers

    My colleague is right -- there is simply non way to answer your inquiry without reviewing the loan modification documents. I recommend a consultation with an experienced lawyer, who can most likely review it and give you advice in less than an hour. it would be well worth the money, in my opinion.

    1 lawyer agreed with this answer

  7. I believe that the house I am renting is on foreclosure, how do I find out?

    Answered 6 months ago.

    1. Judy A. Goldstein
    2. Randy Eric Weinstein
    3. Sandra Margaret Emerson
    4. Joseph Andrew Brabender IV
    4 lawyer answers

    There are a few ways you could go about it. As pointed out by one of my esteemed colleagues, you can check the court docket at www.cookcountyclerkofcourt.org. Select "online case info," then "full electronic docket search." Under "Division Name" select "Chancery." Then go to "Search by Name," select "defendant," and then type in your landlord's name. This may not work, though, if your landlord owns the building in another name, such as "Landlord's Building, LLC." Another way you can...

    1 lawyer agreed with this answer

  8. Is my traditional ira safe from my mortgage company, and can I purchase a condo ? I surrendered my home.

    Answered 6 months ago.

    1. Kevin Benjamin
    2. Sandra Margaret Emerson
    3. Alan James Brinkmeier
    4. Mahmoud Faisal Hasan Elkhatib
    4 lawyer answers

    If you are asking if a traditional IRA is safe from a judgment creditor, the answer is yes. A traditional IRA is a retirement plan under the applicable provisions of the Internal Revenue Code of 1986, as amended. Please see the Illinois Statutes at 735 ILCS 5/12-1006. Your question makes it sounds as if, despite the surrender of the home, you are being pursued for a personal deficiency. If that is the case, I strongly recommend a consultation with a foreclosure and bankruptcy firm.

    1 lawyer agreed with this answer

  9. I sent in my RMA application yesterday, would this stop foreclosure proceeding?

    Answered 6 months ago.

    1. John Frederick Stimson
    2. Harry B. Epstein
    3. Kevin Benjamin
    4. Daniel S Khwaja
    5. Sandra Margaret Emerson
    5 lawyer answers

    My esteemed colleagues are correct. Dual tracking is permitted in Illinois. As to whether you dispute the validity of the debt -- I recommend a consultation with a foreclosure attorney on this issue, so that the attorney can review the letter.

    1 lawyer agreed with this answer

  10. Declared bankruptcy witch included hoa fees bank in forclosing on mortgage but hoa sent us an eviction notice what do we do now

    Answered almost 2 years ago.

    1. Sandra Margaret Emerson
    2. Don Springmeyer
    2 lawyer answers

    It sounds as if you may not have paid any new HOA fees that accrued after filing the bankruptcy. When you file for bankruptcy, the only HOA fees that you get to discharge are those that were incurred before the bankruptcy filing. Any HOA fees that accrue after your filing are, unfortunately, still your financial responsibility. If you did not pay them, the HOA can take action to evict you and collect on any unpaid assessments. There is a silver lining. If you received a discharge,...

    1 lawyer agreed with this answer

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