Sandra Margaret Emerson’s Answers

Sandra Margaret Emerson

Oak Park Foreclosure Attorney.

Contributor Level 11
  1. Can I be denied a physical for a job if i have hypertension?

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    1 lawyer answer

    No. Assuming you are able to perform the essential functions of the job (which is likely, since (1) the job does not sound as if it is particularly strenuous, (2) your condition is controlled by medication, and (3) your doctor has opined that you can, indeed, work), you cannot be denied employment on the basis of your hypertension. You should see an attorney.

    1 person marked this answer as helpful

  2. If I file bankruptcy & my daughter is a authorized user on 1of my credit cards will the bankruptcy show up on her credit report

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Mitchell Paul Goldstein
    2 lawyer answers

    Possibly. Since she is an authorized user, account information for the card may also show up on her report. The good news is that it will not look as if your daughter is the one that filed for bankruptcy - the bankruptcy itself would only show on your credit report in the adverse information section (usually at the beginning of the report). I don't know how long it would take for the credit bureaus to update changes in information. You might want to try contacting them directly with your...

    1 person marked this answer as helpful

  3. I have been granted BK & now in Foreclosure on my home. What is a price range for this service & is it proper to pay in advance?

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Mitchell Paul Goldstein
    2 lawyer answers

    If I am reading the facts correctly, you chose to surrender your home in the BK. Now that you have a discharge, the automatic stay has been lifted and your home is in active foreclosure. I can't really speak to the reasonableness of the attorney's fee without seeing exactly what he has promised to do for you. For example, the $3300 may be a retainer against which the attorney will bill, as opposed to the entire fee. What I can tell you is that you can probably stay in the home until...

    1 person marked this answer as helpful

  4. What happens with a special assessment when property is going into short sale?

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Barry Benjamin Kreisler
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Perhaps. It appears that you already know that the deal will not close without payment of the special assessment at or before closing. The special assessment would become part of the total closing costs and would not survive the closing. Prior to closing, your attorney or agent will submit figures to your lenders. Lenders in short sales will approve payment of back taxes and other liens. However, in many of the short sales that I've done lately, the lenders are refusing payment of past...

    1 person marked this answer as helpful

  5. Question about a paid off car in bankruptcy?

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Henry Repay
    3. John C. Kunes Jr.
    4. Andrew Daniel Myers
    4 lawyer answers

    You should be fine. Although the Illinois exemption for an automobile is $2,400, you also have what is called a "wild card" exemption of $4,000 that can protect any type of personal property. Provided you do not have the full $4,000 in personal property (household goods and the like), you can use part of this exemption toward the excess value of your vehicle. Please be sure to consult an attorney to discuss the available exemptions under Illinois law.

    1 person marked this answer as helpful

  6. Can we go after harassment from my boss and other employees? As a waitress our cooks and boss yells and belittles all the time.

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    1 lawyer answer

    For some of the things that you described, no (for example, a cook taking your food). But other events that you described may be actionable. For example, an environment charged with sexual jokes, comments, insults or unwanted touching is unlawful. You may wish to contact the Illinois Department of Human Rights or the EEOC to file a charge, or have an attorney file one for you. And, if you are required to come to work at a certain time but not paid for it, your employer is violating wage and...

    1 person marked this answer as helpful

  7. Do I have to have a writen contract in order to file a mechanics lien?

    Answered almost 4 years ago.

    1. Sandra Margaret Emerson
    2. Matthew Aaron Drewes
    2 lawyer answers

    No written contract is required; however, the IL Mechanics Lien Act provides that you must provide the homeowner with a notice within 60 days from the date that you first began to furnish labor or materials. So you would need to hurry. As the previous poster noted, the notice provisions are very specific, to the point of specifying type size. It's a good idea to consult with an attorney for the notice requirements.

    1 person marked this answer as helpful

  8. If we file Ch 7, should we reaffirm on our mortgage if we have some equity? Can the lender take our house if we don't?

    Answered about 4 years ago.

    1. Sandra Margaret Emerson
    2. Kevin Michael Cortright
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Not only are the other attorneys correct that you do not need to reaffirm your mortgage, but in many Chapter 7 cases nowadays the lenders do not even bother to send reaffirmation agreements. So you may not even get a chance to sign one. After you file, uou should just stay current on your payments. The lender can, of course, foreclose on their interest if you fall behind in the future. But if you didn't sign a reaffirmation agreement, the lender can only take the house. Any monetary...

    1 person marked this answer as helpful

  9. Am I in any way responsible if I leave a house without paying taxes, insurance but rather desert it? I can't sell it.

    Answered about 13 hours ago.

    1. Alan James Brinkmeier
    2. Anthony Robert Scifo
    3. Joseph Andrew Brabender IV
    4. Sandra Margaret Emerson
    4 lawyer answers

    This question is actually very difficult to answer without more information. First of all, it's not clear if the home is in Northbrook or in another place. Second, it's not clear if you are asking generally if you are responsible for property taxes or if you also are asking other questions -- for example, do you want to know if you'd be liable to the municipality? Or the mortgage company? Or the IRS? When you say you can't sell it, do you mean you can't sell it and pay off what you owe?...

  10. Me and my mother own a two flat in Chicago she wants me to sign a quit claim deed, will I still be responsible for mortgage?

    Answered 6 months ago.

    1. Henry Repay
    2. Judy A. Goldstein
    3. Lela Jeannette Davis
    4. Randy Eric Weinstein
    5. Shara D. H. Kamal
    6. ···
    6 lawyer answers

    I agree with the previous answers. Additionally, I'd like to point out that if the loan is FHA, it's also possible for your mother to assume the loan in her name only.

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