Sandra Margaret Emerson’s Answers

Sandra Margaret Emerson

Oak Park Foreclosure Attorney.

Contributor Level 11
  1. I sent in my RMA application yesterday, would this stop foreclosure proceeding?

    Answered about 1 year 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

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

    Answered over 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

  3. My ex-girlfriend is filing bankruptcy and we still have debt together a house and a motorcycle. What does this mean for me?

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Sandra Margaret Emerson
    2 lawyer answers

    I agree with the previous poster -- your girlfriend can't just "remove her name" from the debts. You'd need to get new loans or assume the loans. After the bankruptcy, you will be the only one responsible for these debts, unfortunately.

    1 lawyer agreed with this answer

  4. Steps after foreclosing on a property

    Answered about 4 years ago.

    1. Sandra Margaret Emerson
    2. Alan James Brinkmeier
    3. Jeffrey Scott Marks
    3 lawyer answers

    I agree with the previous two posters. One more thing that you should know is that even where the lender doesn't seek a deficiency judgment, the fact that there is a potential deficiency out there can negatively affect your credit. Depending on your situation, you may also wish to consider a Chapter 7 if the bank forecloses. As the other posters noted, your 401k would be exempt. And you can potentially keep your other property, both real and personal, if the property is exempt by statute or...

    1 lawyer agreed with this answer

  5. Is it discrimination if an company lets customers use competitor coupons but does not let it's employees use them ?

    Answered over 4 years ago.

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

    No.

    2 people marked this answer as helpful

  6. Can a collection agency remove money from my saving account?

    Answered over 4 years ago.

    1. Sandra Margaret Emerson
    2. Mitchell Paul Goldstein
    3. Theodore Lyons Araujo
    3 lawyer answers

    It sounds as if you received the letter in the mail from a collection agency. First: the agency cannot just remove money from your bank account. To do this, the agency would have to first have a judgment against you and then subsequently file a third party citation to discover assets on your bank. Second: you have the right under the Fair Debt Collection Practices Act (FDCPA) to demand proof of the debt within 30 days. Until the debt is validated by the agency, the agency can neither...

    2 people marked this answer as helpful

  7. If delinquent on HOA fees & mortgage is foreclosed, are we personally liable for HOA fees accumulated prior to the sale?

    Answered about 4 years ago.

    1. Rick Lee Rogers
    2. Sandra Margaret Emerson
    3. Theodore Lyons Araujo
    4. John Dale Wiley
    4 lawyer answers

    Yes, you would be personally liable for condo assessments and fees because you remain the owner of your condominium until the mortgage holder completes the foreclosure and obtains the deed to your property. Many condominium associations these days are filing suits for unpaid assessments, so you should be sure to pay the assessments. This answer is not intended to create an attorney-client relationship.

    1 person marked this answer as helpful

  8. I am closing on a short sale due to a divorce pending, how do I successfully negotiate a deficiency amount with my second lender

    Answered over 4 years ago.

    1. Sandra Margaret Emerson
    2. Henry Repay
    3. J. Richard Kulerski
    3 lawyer answers

    I would suggest getting a real estate attorney to negotiate for you. However, one thing that you should know is that no attorney can guarantee results. The result depends on who holds the second mortgage (some lenders just have a policy of not releasing the lien), as well as your financial situation (to complete a short sale, you have to submit financials to the lender). To release its lien, the lender may require you to sign a note for all or some of the loan amount or bring a lump sum to...

    1 person marked this answer as helpful

  9. My mortgage holder refuses to meet with me so I can prove I have not missed payments. What can I do?

    Answered over 4 years ago.

    1. Sandra Margaret Emerson
    2. Theodore Lyons Araujo
    2 lawyer answers

    I agree that you must answer the foreclosure. Get an attorney to defend it; it sounds as if you'll need discovery to straighten out the issue of what you owe. In the meantime, send a Qualified Written Request (QWR) to the lender immediately.The lender is required by RESPA (a federal statute) to answer it within 60 days. Google the term and I'm sure you'll find some sample letters on the Internet.

    1 person marked this answer as helpful

  10. Can you give me ne advice on finding a Pro Bono Criminal Defense Attorney for someone incarcerated unfairly to life 4 conspiracy

    Answered over 4 years ago.

    1. David Matthew Gotzh
    2. Sandra Margaret Emerson
    2 lawyer answers

    You can also contact the Bluhm Legal Clinic of Northwestern University in Chicago. The clinic has a Center on Wrongful Convictions, which I believe may be affiliated with the Innocence Project. Good luck.

    1 person marked this answer as helpful

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