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Sandra Margaret Emerson
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Sandra Emerson’s Answers

150 total


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

    I have asked her many times to remove her name from the house, so she will no longer have that debt but she will not do it.

    Sandra’s Answer

    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.

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  • Is there anything I can do to prolong the move out date granted by the judge?

    The judge granted the mortgage company approval of the sale of my home

    Sandra’s Answer

    I agree with Mr. Fish that you should call an attorney right away to determine your options. As Mr. Leahy noted, you can buy yourself a minimal amount of time if you appear before the judge and simply ask for it. But if you have an actual defense to the foreclosure (and that's a more common situation than you would realize), a foreclosure lawyer may be able to help you.

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  • Lost reaffirmation paperwork

    During our bk I received the reaffirmation paperwork, I remember signing it and I am positive I sent it back to attorneys. The lenders said they never received it and debts were discharged. .( attorney also said theybdont have it in files)If for ...

    Sandra’s Answer

    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.

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  • Can a landlord put you out if you have a lawsuit agaisnt them

    I fell on the property and now she wants me to move, because I am sueing her.

    Sandra’s Answer

    Absolutely not. This is retaliatory conduct prohibited by Section 5-12-150 of the Chicago Residential Landlord-Tenant Ordinance. The Ordinance provides that "If the landlord acts in violation of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to the following remedies: he shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months' rent or twice the damages sustained by him, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 5-12-080 and all prepaid rent."

    I suggest showing a copy of the ordinance to your landlord (you can find it on the Internet using a reputable search engine).

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  • Will a "Qualified Written Request" stop the foreclosure process? I am in Chap. 7 - CA central.

    Second mortgage holder filed a Notice of Default on 8-12-2011. I filed for Chap. 7 on 9-29-11. First mortgage holder filed for and was granted relief from automatic stay and is proceeding with foreclosure. The send mortgage holder has just filed f...

    Sandra’s Answer

    I agree with the first answer. Note that, although the QWR is not an effective delay tactic, it is a useful tool for "informal discovery." Moreover, a servicer's failure to respond to the QWR in accordance with RESPA can also give rise to a counterclaim, which will effectively delay the foreclosure proceeding.

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  • My home in IL. has been in redemption for less than a year. Who can I contact to help me dispute the foreclosure or eviction?

    I was told that the redemption date keep getting pushed back because freddie mac cant get the deed. I also believe the paper work is improper for foreclosure.

    Sandra’s Answer

    Both of the above organizations are excellent. The Legal Assistance Foundation of Chicago also defends foreclosures.

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  • When second mortgage is a purchase loan issued with the first loan, can lender come after you upon foreclosure?

    I foreclosed on my primary residence in IL nearly 3 years ago. I have been contacted by Real Time Resolutions who is trying to recoup the money from the 2nd mortgage which was a purchase mortgage from the bank (80%/20%) split mortgage. The 2nd w...

    Sandra’s Answer

    Yes, they can pursue you. If I understand your question correctly, the home has already been sold at foreclosure sale and now the collector for the second mortgage is pursuing you for the outstanding balance.

    The foreclosure may extinguish the lien, but it doesn't extinguish the debt. You may want to consider filing a bankruptcy; I recommend consulting with an attorney for advice.

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  • HAMP modification

    When I bought my house I was single and the only name on the mortgage. I have been trying to get a HAMP modification for 20 months. My wife finished school and got a high paying job 1 month ago. With both of are incomes we will not qualify for a H...

    Sandra’s Answer

    I agree that you should retain a lawyer (specifically, a lawyer whose practice is concentrated in loss mitigation and foreclosure defense) to assist and advise you. Sadly, only about 10 percent of HAMP applicants are successful on their own.

    Moreover, HAMP is just one loss mitigation option. There are, and always have been, in-house modifications, which in many cases contain terms that are more favorable than those found in HAMP. There are also other options for which you may qualify.

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  • Foreclosure Question in Illinois

    How long does it take after the home is foreclosed for the lender to come after you. There is also a home equity loan on this property and was wondering if that lender will come after me too. I heard that in Illinois most lenders dont procced t...

    Sandra’s Answer

    What you may have heard is that in Cook County, IL, few lenders seek deficiency judgments against the homeowner if the foreclosed property was the homeowner's principal residence. This is generally true for now. Note, however, that the law provides for deficiency judgments. A deficiency, is fought, would be sought after the judicial sale, when the amount of the deficiency is known. Please note that this is not the case for the surrounding IL counties.

    With regard to the home equity loan, the bank may very well sue you to collect on its note. Such actions are becoming increasingly common due to declining home values.

    You may wish to consult a bankruptcy lawyer to discuss your options.

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