Sandra Margaret Emerson’s Answers

Sandra Margaret Emerson

Oak Park Foreclosure Attorney.

Contributor Level 11
  1. When second mortgage is a purchase loan issued with the first loan, can lender come after you upon foreclosure?

    Answered about 3 years ago.

    1. Sandra Margaret Emerson
    1 lawyer 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.

  2. HAMP modification

    Answered about 3 years ago.

    1. Bernard James Conway
    2. Rick Lee Rogers
    3. Sandra Margaret Emerson
    3 lawyer answers

    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.

  3. Foreclosure Question in Illinois

    Answered about 3 years ago.

    1. Sandra Margaret Emerson
    2. Nicholas Paul Baker
    2 lawyer answers

    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...

  4. How old do you legally have to be to move out?

    Answered about 3 years ago.

    1. Sandra Margaret Emerson
    1 lawyer 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.

  5. Forelosure and Bankruptcy help in Illinois

    Answered about 3 years ago.

    1. Sandra Margaret Emerson
    2. Mazyar Malek Hedayat
    3. Henry Repay
    4. Rick Lee Rogers
    5. Andrew Daniel Myers
    5 lawyer answers

    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.

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

    Answered about 3 years ago.

    1. Gary A. Newland
    2. Sandra Margaret Emerson
    3. Mazyar Malek Hedayat
    4. Theodore Lyons Araujo
    4 lawyer answers

    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.

  7. Divorce and Foreclosure question

    Answered over 3 years ago.

    1. Tara Leigh Goodwin
    2. J. Richard Kulerski
    3. Sandra Margaret Emerson
    3 lawyer answers

    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.

  8. Automatic stay violation and court hearing to remove automatic stay in Illinois

    Answered over 3 years ago.

    1. Sandra Margaret Emerson
    2. Mark Markus
    3. Theodore Lyons Araujo
    3 lawyer answers

    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...

  9. Can we transfer legal ownership of real estate amoung family members w/o using an attorney?

    Answered over 3 years ago.

    1. Sandra Margaret Emerson
    2. Frank Wanner Wagner III
    3. Kevin M. Veler
    4. Evelyn Watts Cloninger
    5 lawyer answers

    Yes, you can. You'd need to prepare and record a quitclaim deed. Still, I recommend using an attorney just to make sure that it's done correctly. I doubt that it would be very expensive, and it would be worth it for your peace of mind. (I am an inactive member in good standing of the State Bar of Georgia. This answer is not intended as legal advice, nor is it intended to create an attorney-client relationship.)

  10. In Illinois, is a company required to pay out unused vacation days upon employee resignation?

    Answered over 3 years ago.

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

    Employers are not required to give paid vacation, but if you had vacation that was available to you to use on your last day of employment had you not left the company (and it sounds as if you did), you are entitled to be paid for your unused vacation. The Illinois Wage Payment and Collection Act specifies that an employee who leaves without having taken all vacation time (as well as personal holidays) must be paid the dollar equivalent of the vacation time. You should contact the IL Dept....

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