Michael Emmet Forkan’s Answers

Michael Emmet Forkan

Lockport Family Law Attorney.

Contributor Level 9
  1. Can my wife garnish my wages to get 1/2 of the mortgage payment? We are separated. I am currently unemployed.

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    1 lawyer answer

    Are you a co-borrower on the mortgage? If yes, then once the foreclosure is initiated and after a judgment and sale the bank can seek a deficiency judgment for the shortfall that wasn't satisfied when the property gets sold at auction. In the Chicago area the trend has been that many Banks do not bother seeking deficiency judgment on a foreclosure of a primary residence because it is likely uncollectable (i.e. the borrower/debtor has no assets or sufficient income). That isn't to say that...

  2. Wages paid to a housekeeper.

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    2. Antoinette Choate
    2 lawyer answers

    An accountant would be better suited to answer this question. The IRS website has information regarding when you need to issue a 1099.

  3. The President of our HOA has not paid assessments in a very long time and now she is driving a brand new car.

    Answered over 3 years ago.

    1. Henry Repay
    2. Michael Emmet Forkan
    2 lawyer answers

    You can file a forcible entry and detainer action and then get a judgment which you can file against the property. Evictions are tricky in Cook County and Chicago in particular. Your best bet of trying to recover any monies for the delinquent assessments is to file the eviction proceeding. Make sure you follow all of the proper procedures as outlined in the Illinois Condominium Act and the Forcible Entry and Detainer statute. The Illinois Legal Aid website can walk you through the process...

  4. Does getting a ticket on supervision but not getting convicted for it still cancel your previous supervision?

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    2. Ted Harvatin
    3. David J. Winer
    3 lawyer answers

    Did you get found not guilty on your second speeding ticket? If you can't seek supervision for a second ticket while already on supervision. You can't get supervision twice. Getting another speeding ticket while on supervision is a violation of the terms of that supervision. You might slip by but it is possible that the State can seek to revoke both orders of supervision and find you guilty of both moving violations.

  5. LANDLORD FORCLOSE TENANTS RIGHTS?

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    1 lawyer answer

    If you began renting before the Foreclosure case was filed you are entitled to remain living at the property under your current month to month lease arrangement. There are a few different steps in the foreclosure process. First, the bank needs to obtain a Judgment for Foreclosure. After that there is period of time in which the owner can redeem the property (7 months from service of the complaint or 3 months from judgment whichever is longer). Once the redemption period lapses the bank can send...

  6. How can I find out when the bank will take my property under foreclosure?

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    1 lawyer answer

    Once the bank has a Judgment of Foreclosure there is a period of redemption that begins tolling. It is 7 months from personal service of the foreclosure complaint OR 3 months from the foreclosure judgment -- whichever is later. After expiration of the rights to reinstate and to redeem, the lender may sell the home by judicial sale. Notice of the sale must be given to all parties in the action who have appeared and have not been found in default for failure to plead. Notice of sale must also be...

  7. Private student loan trying to garnish wages. Can they do that?

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    2. Pierre George Basmaji
    3. Dorothy G Bunce
    4. John Griffin Watts
    4 lawyer answers

    Like Pierre stated student loans don't go away. The only way one can discharge a student loan obligation through bankruptcy is by demonstrating undue hardship. What this means from a practical standpoint is that you can't pay the loan now nor will you be able to in the future due to some sort of disability impacting your present and future economic earning capacity.

  8. How can I remove the co-signer to a car from the loan?

    Answered over 3 years ago.

    1. Michael Emmet Forkan
    2. Brian D. Moore
    2 lawyer answers

    Who is the primary borrower on the loan? Are both your father in law and the boyfriend on the title of the vehicle? It sounds like the lender is willing to do a refinance under your father in law's name but the co-borrower needs to "sell" his interest to your father in law to do so. Unfortunately you guys are going to have to figure something out in order to get the boyfriend to sign over his interest in the vehicle. A co-signer can not get off the loan unless both signers agree in...

  9. Not sure were to start

    Answered over 3 years ago.

    1. Henry Repay
    2. Michael Emmet Forkan
    3. Berton N. Ring
    3 lawyer answers

    How many heirs did your Grandpa leave behind? Are you aware if he had an attorney? Has anyone else in your family ever spoken about his will or awareness of an estate plan?

  10. Just arrested for DUI in Chicago. Blew 0.134. First offense. Can I get supervision with guilty plea/finding?

    Answered over 3 years ago.

    1. Ronald D. Dolak
    2. Michael Emmet Forkan
    3. Michael J. Helfand
    4. John William Callahan
    4 lawyer answers

    You are eligible for supervision on a first offense. You should consider speaking with an attorney for your case.