David Rashid Sweis’s Answers

David Rashid Sweis

Oak Brook Foreclosure Attorney.

Contributor Level 8
  1. If I got a property lien, and how can I find out if it is used to force a sale of the property through a foreclosure.

    Answered almost 5 years ago.

    1. David Rashid Sweis
    2. Ahmad Tayseer Sulaiman
    2 lawyer answers

    Your question is not very clear, but if you're asking whether the lien holder can foreclose on a property and sell it, then the answer is yes, only if you have a lien that allows for this such as a mortgage or mechanics lien. If you are asking what will happen to your lien in a foreclosure, then the answer is it depends on the date you acquired the lien. The general rule is first in line first in right. So if you came before the bank then you must preserve your rights. If you came after the...

    2 people marked this answer as helpful

  2. Kane County foreclosure & auction

    Answered over 4 years ago.

    1. David Rashid Sweis
    1 lawyer answer

    After the sale of a property resulting from a foreclosure, the bank must return to court to allow the judge to approve the sale. You may get notice of this motion if you appeared in the case. Otherwise, contact the Clerk of the Circuit Court of Kane County and inquiry if there is an upcoming court date in your case. Once the judge approves the sale, he/she issues an order of possession (eviction order) but pauses the order for 30 days (60 days if its a nice judge). After the elapsing of...

  3. We have 2 mortgages on our home but wish to do DIL. is it possible? can we limit damages to our credit/ fico?

    Answered over 4 years ago.

    1. David Rashid Sweis
    1 lawyer answer

    Typically, banks will not accept a Deed in lieu of foreclosure when the home has two mortgages against it. A narrow exception is made when the two mortgages are with the same bank. You can create the same effect (avoiding liability on the loan) by a short sale of the property or a consent foreclosure. Damage will be done to your credit no matter the option you exercise and the amount of impact is very hard to predict in advance. A lawyer should be consulted

  4. The house that i have been renting was just forclosed on and a receiver came to the house to collect rent now do i pay him?

    Answered over 5 years ago.

    1. David Rashid Sweis
    1 lawyer answer

    The short answer is yes you do have to pay rent. However, I would ask the receiver to show you a court order appointing him on behalf of the bank and that also authorizes him to collect rent. In foreclosure, the owner owns the home until the court issues a deed to the bank after a sheriff's sale of the property. In my practice, I have seen all kinds of companies that make offers or demands to individuals before they have the legal right to do so. So, write the gentlemen a letter requesting...

  5. I am appearing in front of a County Judge on a foreclosure he mentioned a statement I must file before my next date what is it?

    Answered over 5 years ago.

    1. David Rashid Sweis
    1 lawyer answer

    Likely, the judge is requiring you to Answer the Foreclosure Complaint or otherwise plead to it. Otherwise pleading includes filing a motion to dismiss the case or quash service, if you feel you were not served with the Complaint. It is best to consult with a foreclosure attorney, because you should strongly consider moving to dismiss the matter if you have grounds. Should you choose to file an answer, set forth some affirmative defenses and/or counterclaims against the bank for violations...

  6. Is the landlord not the "legal owner" after the court signs "motion for judgement of foreclosure and sale"?

    Answered almost 5 years ago.

    1. Theodore Lyons Araujo
    2. David Rashid Sweis
    2 lawyer answers

    It looks like you are asking two separate questions. First, regarding the receiver, the short answer is yes the bank can collect rents. This is very common in foreclosures of commercial real estate. Typically it is known as a motion to appoint mortgagee in possession. They do not own the real estate at that point. Turning to the question in bold, In Illinois and most other judicial foreclosure states, a judgment of foreclosure and sale is not the final order and generally does not give...

    2 people marked this answer as helpful

  7. Breech of contract - International Law

    Answered over 5 years ago.

    1. Timothy J. Klisz
    2. David Rashid Sweis
    3. Jonathan H Levy
    3 lawyer answers

    The answer to your question will require a long and drawn out explanation on the laws of jurisdiction. Long story short, it is not entirely clear whether or not the law of your state or the law of Russia will govern. The lawsuit can and likely will be expensive for the Russian party, especially if it has to go to trial and he is required to be a witness. My gut says that he is bluffing and will not follow through because the lawsuit is not for much money and if it is his word against yours,...

    1 lawyer agreed with this answer

  8. I have a really interesting question about international business law relating to compensation for destroyed investments

    Answered almost 5 years ago.

    1. Chintan Vijay Panchal
    2. Pamela Koslyn
    3. David Rashid Sweis
    3 lawyer answers

    The answer to your question is very much a question of British law and an issue arises as to whether there exists a bilateral investment treaty with Tanzania and Britain. In the U.S. some of its bilateral investment treaties call for the International Center for Settlement of Investment Disputes (ICSID). You may verify with the appropriate governmental ministry if such an option exists. Otherwise, consult the world bank's website as well as the United Nations website for text to determine if...

    1 person marked this answer as helpful

  9. I am considering re-instatement of my investment property that went intio foreclosure 40 days ago

    Answered almost 5 years ago.

    1. David Rashid Sweis
    1 lawyer answer

    In foreclosure, your best option is to do what is best for you financially. You must think more with your head and less with your heart. If reinstatement will bust your budget, then it may not be the best option. Your question does not identify what services the lawyer will be offering, so I would find it prudent to ask what exactly you're paying for. Also, please be sure to find an attorney that specializes in this field as they will be most prepared for the banks shananigans.

    1 person marked this answer as helpful

  10. What happens to my 2nd mortgage in foreclosure?

    Answered over 5 years ago.

    1. Margery Ellen Golant
    2. Lucas Eric Rowe
    3. David Rashid Sweis
    3 lawyer answers

    Ultimately, once the foreclosure is completed, the second mortgage will likely be terminated, unless there were excess funds from the sale of the property that paid off the second mortgage. Once the lien is terminated, the debt becomes unsecured and the bank has the option of pursuing a deficiency judgment. The real question here is whether Florida allows banks to pursue a deficiency judgment. That question is best suited for a Florida attorney or you can google it and find your answer there.

    1 person marked this answer as helpful