If its more than 10 years, you have a statute of limitations defense. Also, many debt collectors cannot prove the debt. It is worth trying the case.
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You need to have a legal opinion as to who is in title and as to what percentage is owned by whom. This is not something that the recorder can do for you and you can't learn how to do it in the internet. You may need to go to court to get your mom's interest returned to her. If its Cook or DuPage County i can do it for you. In any case please hire someone to do this for you right away. If your mom passes away or is otherwise incapacitated, you wont be able to do anything joe...
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if there is no real estate involved and the amount in the estate is less than $100,000.00 you do not need to open probate. Otherwise you will need a lawyer
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at some point you have to do something.. First American can get a judgment against you but they cannot sell the house. The judgment will be a lien against the house that grows at 9% interest. It may also trigger a new foreclosure on GMAC's part. Sounds like you need to look at a chapter 13 bankruptcy to reorganize your financial situation.
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I am assuming this is Cook County. The landlord has an ownership interest in the property until the sales is confirmed (14-30 days after sale). You then have to receive 90 days notice prior to being evicted. Sheriff's office is running 17 weeks on evictions and will give you notice as well. your good until the end of april and probably more like the end of June.
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You need the father's consent
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if it was inherited money it is posible to recover.
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Do not make any withdrawals from the 401 K. There are a number of possibilities given you current situation. Please call me and we can set up a free consultation.
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Your house will go to sale the later of 3 months after judgment or 7 months after service. After that there is a period of time for confirmation and a period of time for eviction. The whole process may take a year or more. You best bet would be to work out a short sale. This would help protect your credit and let you walk away with no debt. Secondly you could look into a mortgage modification.
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you have at least 6 months before the property goes to sale. Don't panic. With an attorney you can get even more time. Short sale is an option, but with paying tenants a loan modifications may be better.
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