Mazyar Malek Hedayat's Answers

Mortgage modification

The mortgage lender included your name because you are on title to the house and because your spouse is the borrower. In short, you have rights in the property. So why is that a problem? Because mortgage lenders insist that their rights come first. If they do not get your signature on the modification agreement you could stand in the way of future action to foreclose or accelerate the loan. To be on the safe side I would have an Attorney review the modification agreement. My office can do so...

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Can i force the dissolution of a 50/50 llc against my partner's wishes

Limited Liability Companies (LLC's) are not corporations or partnership so they do not enjoy the same history of judicial interpretation when it comes to questions like yours. That said, if a court treats your situation like a corporate or partnership dispute, it would most likely force liquidation of the company - or its sale or other means of realizing value - then distribute the proceeds pro rata to you and your "partner." Hopefully of course, one of you would realize before the end of the...

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I hired someone to do the hardwoodfloors in my house. While doing the job he damages bath tiles, closet walls and dust everywher

If I understand your question, you hired a contractor to install hardwood floors and he did so, but also damaged the flooring in a different room. You want to know the most efficient way to recoup your losses. The short answer is yes, you can. But we need to know a number of things before we can determine whether doing so would be practical. For instance, has the offending contractor been paid? Did he have a bond or liability policy? Was he licensed? Are there issues with the flooring he...

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Do we need real estate attorney or litigator?

You definitely need a litigator in this case. While I understand why you would ask about the reversibility of a quit-claim deed (you mention a statue of limitations) the fact is that the kinds of transactions you mention are presumed to be genuine when made. If there is any challenge it must come as soon as its questionable basis is discovered. Now the question is whether there are sufficient grounds to dispute any of the items you mention - and if so, whether there is a sufficient will among...

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Is there a type of attorney who can help refinance a house.

Whether attempting to refinance, modify a mortgage, or just communicate with a lender, it is a good idea to have someone on your side who understands the process, won't be intimidated, and will stay with an issue until they get an answer that makes sense. Unfortunately, banks will not deal with customers unless they have millions on deposit. If you need someone to help you get straight answers from the bank, feel free to contact our office. We have helped people in this position before....

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Should I sign a deed in lieu of foreclosure?

According to the question you already have Counsel but seek a second opinion because you don't like the alternatives that he or she gave you. Any lawyer that answers this question could easily be in the same situation: if you don't like their response you will just look for one you do. That is not how to get an honest answer - it is just fishing. If you really want to know your best course of action contact an Attorney familiar with divorce, foreclosure, and possibly bankruptcy, then pay for...

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Corporation divisions

Jim You've asked what steps need to be taken in order to create a "division" of your existing company that would do something completely different from what the company does now. You've already received an answer on this subject, but I thought I would put in my 2 cents as well. While you could start your new enterprise from within your existing corporation without any further action, I don't recommend doing it that way for several reasons: 1) Your current business relationships (...

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Can a gym sue me for the balance of a 2 year contract if my doctor told them to freeze my account

First, get a copy of your contract. Nearly all gym contracts provide for a 'freeze' during special health conditions such as pregnancy. During the freeze you shouldn't have to pay dues - or pay a minimal amount. Second, Illinois likely has a particular law that governs this kind of contract (i.e. gym or health club memberships) so you might want to contact Lisa Madigan, the Attorney General. Go on the web and find the Attorney General's site - look into the consumer division. Third,...

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How will filing for bankruptcy by one spouse affect the other during a divorce

Your question deals with 2 main issues a) Can your friend's, soon to be, ex file bankruptcy and leave her with debts? Short Answer: Yes b) Can your friend do anything to stop this from happening if it is a possibility? Short Answer: No But there is hope. Just tell your friend to remember this: Bankruptcy and Divorce often lien at the opposite poles of the law. To see this difference in action, let's consider how these courts handle assets and liabilities. In a divorce action courts...

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Bankruptsy and debt

Dear Questioner in Melrose Park I've handled these kinds of cases. First of all, your daughter may file bankruptcy with or without this fellow. That is a given. Second, as for the unauthorized use of the credit card, etc.there are 2 ways to go - civil and criminal. You can do both. Third, your civil claims include breach of contract, identity theft, and fraud. Overall my suggestion is to alert the State's Attorney and Attorney General's Office (Consumer Fraud Division) and get...

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