Andrew John Hawes’s Answers

Andrew John Hawes

Chicago Foreclosure Attorney.

Contributor Level 12
  1. My tax debts qualify for discharge in Chapter 7 bankruptcy. WIll the IRS automatically remove them from my account?

    Answered about 2 years ago.

    1. Andrew John Hawes
    2. Scott Benjamin Riddle
    3. William Dean Lohrman
    4. Dorothy G Bunce
    5. Diane L Gruber
    5 lawyer answers

    I agree that you should have an attorney review the dischargeability of the tax debt and assist you with your case. You may very well need to file an adversary proceeding or take additional action in court if there is a dispute as to the dischargeability. Provided that they are in fact dischargeable, your PERSONAL LIABILITY will be discharged but any prior recorded tax liens will remain because bankruptcy will not eliminate prior recorded tax liens. Thus the IRS could not come after your...

    Selected as best answer

  2. Can a bank refuse help

    Answered over 2 years ago.

    1. Andrew John Hawes
    2. Alan James Brinkmeier
    3. Mara Ann Baltabols
    3 lawyer answers

    The sad truth is that the bank is not required to help you at all. Proving that they refused to help you has no bearing on their right to foreclose upon you. If they actually entered into some sort of contractual agreement with you, or a modification of your original contract, you may have a breach of contract claim against them using the Wigod case in Illinois, but based on what you've stated it's probably not a valid claim you will be able to make.

    Selected as best answer

  3. Can JPMorgan Chase foreclose on a property acquired from "WAMU Bank FA" if the originator made a loan after it ceased to exist.

    Answered over 2 years ago.

    1. Andrew John Hawes
    2. Stephen Samuel Messutta
    3. Timothy Edward Kalamaros
    4. Adam J. Lysinski
    4 lawyer answers

    While I agree that mortgage foreclosures are replete with fraudulent filings, post-dated documents, improper transfers, and other documentary issues, the problem that you're going to run into is that the Illinois Mortgage Foreclosure Law (IMFL) is very bank friendly. Also, the documents do not all have to be in an identical form as the recorded documents. This is the whole point of the MERS system - so that banks can buy and sell these notes without having to record something with the county...

    Selected as best answer

  4. We filed Chapter 7 in 2009. We are moving, unable to sell and forclosure process has started. We do not want to keep our house.

    Answered over 2 years ago.

    1. Joseph Younes
    2. Andrew John Hawes
    3. Diane L Drain
    4. Dorothy G Bunce
    4 lawyer answers

    When did you obtain the mortgage? If you obtained the mortgage before your filed bankruptcy, and you received a discharge in the Chapter 7 bankruptcy, AND you did not voluntarily reaffirm the debt, then you have no personal liability for the promissory note. What this means is that when they obtain foreclosure judgment against you you will not still owe any money to the bank. If you did reaffirm the debt (signed and executed a reaffirmation agreement) or your case was dismissed and you did...

    4 lawyers agreed with this answer

  5. My condo is up for auction in 2 months.When should I vacate it? When to stop paying HOA? Deficiency Judgement?

    Answered about 2 years ago.

    1. Andrew John Hawes
    2. Joseph Younes
    3. John Frederick Stimson
    3 lawyer answers

    General timeframe is as follows: 90 days after judgment date your redemption rights expire, bank cannot sell during this period 91st days: bank usually sells the property 1-2 months after date of sale: bank must file a motion to confirm the sale with foreclosure court and obtain court order confirming the sale Confirmation of sale court date: court enters order for possession and order confirming sale, unless you object and obtain opportunity to respond 30 days after date of...

    Selected as best answer

  6. 2013 Illinois Foreclosure Law applied to a Tenant. As a IL tenant w/residence in Foreclosure, how much time do I have left ?

    Answered about 2 years ago.

    1. Andrew John Hawes
    2. Alan James Brinkmeier
    2 lawyer answers

    Do you have a lease with the owner? If so, there is a federal law, the Protecting Tenants in Foreclosure Act, which provides tenants with protections: 1) First, it provides that the successor in interest must provide at least a 90-day notice to the tenant to vacate the property (and this is only after they actually acquire title to the property); and 2) If the tenant has a lease or tenancy that is greater than 90-days, it must be honored unless the successor in interest will use the property...

    Selected as best answer

  7. I've been in foreclosure, is a deed in liu of foreclosure an option?

    Answered about 2 years ago.

    1. Andrew John Hawes
    2. Dorothy G Bunce
    3. Charles Ross Smith III
    4. Daniel J. Winter
    4 lawyer answers

    What type of bankruptcy did you file? If you filed a Chapter 7 and received a discharge, you do not owe anything on the condo anyway. You can certainly still do a deed in lieu. Most banks require that you first list the property for sale for at least 60-90 days before they'll offer you a deed in lieu. I don't understand what you mean about the lender "buying the note," presumably if they are foreclosing upon the note they already own the note. Additionally, there may not be much to...

    3 lawyers agreed with this answer

  8. Foreclosure and tax question

    Answered over 2 years ago.

    1. Alan James Brinkmeier
    2. Andrew John Hawes
    3. John P Fazzio III
    3 lawyer answers

    Agree, review the above link for information. In short, as long as the property was your principal residence, any deficiency that the bank forgave (and they may very well have not foregiven the deficiency and you may still be personally liable for the debt) may be exempt as a qualified principal residence. The money borrowed from the bank is only exempt to the extent that the money was used for the property (ie, for purchase of the property or major renovations). In other words, if you...

    3 lawyers agreed with this answer

  9. CAN I GET FULL CUSTODY OF MY BOYFRIEND KIDS ALONG WITH HIM WE HAVE HAD THE KIDS FOR THE PAST 4YRS

    Answered over 3 years ago.

    1. Andrew John Hawes
    2. David Matthew Gotzh
    2 lawyer answers

    There is no requirement that she signs anything. He just files for divorce and serves her with the petition for dissolution of marriage. Go to the courthouse, fill out a petition for dissolution of marriage, pay the filing fee. Fill out a summons, get it stamped, and take it to the clerk for the sheriff's office and pay their fee for service. The police then bring the summons to her and she has to come to court and file an appearance by a certain date. If she fails to do so, the court will...

    Selected as best answer

  10. Witness to Will: Bank Employee and Lawyer

    Answered over 3 years ago.

    1. Andrew John Hawes
    2. Alan James Brinkmeier
    3. Sonya F. Mittelman
    3 lawyer answers

    Is your neighbor an estate lawyer? Because your neighbor is wrong. You should hire an attorney rather than rely on your neighbors and the internet for legal advice. Does your lawyer or your bank employee stand to benefit from your will (do you give them something in it?)? Even if they do, it does not invalidate your will, but it might reduce their take under the will. There is no prohibition on an attorney or a bank employee witnessing a will. Here's what the law says about beneficiary...

    Selected as best answer