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Sandra Margaret Emerson
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Sandra Emerson’s Answers

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  • How old do you legally have to be to move out?

    I live with my mom because my dad died and me and her just can't get along. wen fight constantly and i am not happy living with her i am 17 years old and i really want to move out.

    Sandra’s Answer

    Since you are under 18, you would have to file for emancipation in court and prove that you are a "mature" teen. It's extremely difficult to succeed a parent objects.

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  • 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.

    I was served with the complaint last night. I have no interest in the property. I was on the former deed, and also waived right of homestead and may be why I was named. What steps can I take to remove myself from this action? I have to act p...

    Sandra’s Answer

    • Selected as best answer

    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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  • Forelosure and Bankruptcy help in Illinois

    My ex wife and I divorced in 2006 and she was awarded the house and my divorce agreement states I am held harmless from all debts to the house past, present, and future. My divorce agreement also state she was suppose to remove my name from the mo...

    Sandra’s Answer

    I agree that you should consult a bankruptcy lawyer as soon as possible, so that you can determine if Chapter 13 is an option. Aside from the divorce issues, there are considerations such as whether a viable Chapter 13 plan can be made. Generally speaking, the debtor must have enough income to pay for the mortgage arrearage and current payments.

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  • I filed for bankruptcy late 2010, included mortgage, home going to foreclosure, is deficiency a problem?

    Will my bankruptcy protect me from a deficiency judgement due to foreclosure? How long will I be protected if foreclosure drags?

    Sandra’s Answer

    Both of the previous answers are correct. And of course, regardless of what you stated as your intention on your bankruptcy petition (surrender or reaffirm), you can defend your foreclosure.

    If your second question relates to how long you can stay in the property, it depends on the court case load in your area. You likely have 9 months or more before you'd have to move.

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  • Divorce and Foreclosure question

    My ex wife and I divorced in 2006 and she was awarded the house. In my divorce agreement it states that I am held harmless from all debts past, present, and future relating to the home. Well she never took me off the mortgage as my divorce agree...

    Sandra’s Answer

    I agree with the previous answers. Assuming the property in DuPage County, you may wish to file for bankruptcy because deficiency judgments are routinely sought there.

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  • If I agree to a Deed in Lieu of Foreclosure how damaged will my credit be as compared to a foreclosure and bankruptcy?

    Also, if I qualify for the Mortgage Forgiveness Debt Relief Act with the IRS, would I be liable to pay taxes to the Commonwealth of Mass?

    Sandra’s Answer

    I agree with the previous posters, and would like to add that you should not sign anything without consulting an attorney in your state to be sure that the excess debt is forgiven and to determine the extent of your tax liability. If you are already in foreclosure, a bankruptcy will not be much worse as far as your credit score goes (in my opinion). If there will be substantial tax consequences, you may want to file for bankruptcy instead.

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  • Automatic stay violation and court hearing to remove automatic stay in Illinois

    Creditor violating the automatic stay willfully. I have fax confirmations that they received the filing notice and they are still harrassing me, my referrences and threating to reposses furniture weekly. They now have a court date scheduled at the...

    Sandra’s Answer

    Creditors can be liable for damage to debtors for violations of the stay. If the creditor willfully repossesses your furniture despite the stay, that action would be void and the court can order the creditor to return it. You may seek actual damages, punitive damages, attorney's fees and costs, and return of the property for stay violations.

    The issue of the creditor's motion is a separate issue. It sounds as if the furniture is secured (like a car when you have a car note), meaning that if you don't continue to pay for it, the creditor can repossess it. If you aren't paying, that is probably why the creditor filed a motion to lift the stay.

    When you say $4,000 exemption, you mean the personal property exemption, not the homestead exemption. That exemption doesn't appear to be related to your issues, unless there is additional information you have not posted here.

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

    Servicer filed foreclosure complaint in June '10. We were served by publication in July/Aug '10. We filed appearance in Aug '10 & have yet to receive any notice of anything related to the foreclosure. The court has not issued Judgment for foreclos...

    Sandra’s Answer

    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.

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  • Should small debt be paid off, for example medical bills and dept. store credit cards, when Chptr 7 bankruptcy is inevitable?

    Is it okay to continue to get medical treatment if needed and pay those bills too?

    Sandra’s Answer

    I agree with the previous answer. Sometimes I find that debtors are under the impression that they will get to keep a department store credit card if they pay off a small balance. However, many times your creditors will find out that you filed for bankruptcy and close the card anyway.

    This answer is general and not intended as specific legal advice or to create an attorney-client relationship.

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  • REAL ESTATE, I RECEIVED 1099A FROM MY FORECLOSURE...

    dO I HAVE TO PAY SOMETING IN TAXES OR DO I HAVE TOGO TO BANKRUPTCY? DO THE GOVERMENT CAN GARNISH MI MONEY? MY APARTMENT WAS LIKE 100' UNDER THE MORTGAGE LOAN. wHAT I CAN DO ?

    Sandra’s Answer

    Are you certain you did not get a 1099-C? That is normally the form that would be sent with regard to cancellation of your mortgage debt. If you did not get a 1099-C, you should first contact the lender.

    Second, do not panic. You should consult with a tax attorney or other qualified tax professional to do your taxes. That person can help you determine whether the canceled debt would be considered income by considering whether you can meet the criteria for certain exclusions relating to canceled debts, such as the insolvency exclusion or qualified principal residence exclusion. Under the latter, if no portion of the loan is unqualified debt and your principal residence indebtedness does not exceed the IRS cap (as of 2009, $2 million, or $1 million if married filing separately), you can generally exclude the canceled indebtedness from income.

    For more info, check out IRS publication 4681. But do seek the assistance of a qualified tax professional. I wish you the best of luck.

    (This answer is intended to be general in nature and not as specific legal advice. It is not intended to create an attorney-client relationship.)

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