Emma Lee Scott’s Answers

Emma Lee Scott

Chicago Foreclosure Attorney.

Contributor Level 13
  1. I want to know if I can get some help in stopping a foreclosure on my house, I bought the house in 2006.

    Answered 6 months ago.

    1. Emma Lee Scott
    2. Thomas O. Moens
    3. Tena Korac Andric
    4. Kevin Benjamin
    5. Daniel S Khwaja
    6. ···
    7 lawyer answers

    It may be possible to stop a foreclosure with a modification if you are able to make payments under the plan offered by the bank. I also recommend speaking with an attorney specializing in this area to provide a more detailed assessment of your situation.

    11 lawyers agreed with this answer

  2. Can I sell my home if the bank is considering foreclosure?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. Paul Rutledge Durr III
    3. Karen Jackson Porter
    3 lawyer answers

    Yes. The home is yours to sell unless the bank has gotten a judgment, auctioned the property and deeded it to the successful buyer. You can use he proceeds to pay off he bank but you will still be responsible for any money you owe after that.

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  3. What should I do now? I got an eviction notice for failing to pay Oct rent.

    Answered almost 2 years ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Alan James Brinkmeier
    3 lawyer answers

    You have a defense in eviction court if things are as bad as you say they are. You need an attorney to help you brung these defenses in court. Ask the organizations you have filed with to help you if you cant afford to hire someone. Good luck.

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  4. What are the tenants rights when renting a foreclosure from an HOA, prior to Sherif's auction. 30 day clause?

    Answered about 1 year ago.

    1. Emma Lee Scott
    2. John Edward Brennock
    3. Brendan Clayton Ross
    4. Carol Lynne Zimmerly
    4 lawyer answers

    Generally, when a property forecloses, a tenant must be allowed to stay through the end of their lease or for 90 days, whichever is greater.

    8 lawyers agreed with this answer

  5. What can I do legally to recoup my deposit if my landlord lost the property to foreclosure?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Joan Marie Fenstermaker
    3 lawyer answers

    When a property is sold at a foreclosure sale, the new owner "inherits" the current tenants along with their security deposits. By law all tenants must be permitted to live out their current leases. Since you are in a month to month situation, the new owner could legally give you 30 days notice at any time for any reason (the old owner could have done the same). Atty. Goldstein is correct that if you are still living at the property you're not entitled to your security deposit. If the new...

    8 lawyers agreed with this answer

  6. A new tenant paid me her $700 security deposit 3 days ago to hold a unit that she knew wouldn't be ready for 15 days, as it is

    Answered 6 months ago.

    1. Emma Lee Scott
    2. Judy A. Goldstein
    3. Randy Eric Weinstein
    3 lawyer answers

    If your property is in Chicago, a liquidated damages clause is illegal under the CRLTO. If the property isnt in Chicago, you may be able to create a lease which provides for a non refundable move in fee, for example. In this particular case, it depends on what your agreement says. If you didn't include any of the above, you'd be safest to give her the money back and move on. For future rentals, a landlord tenant attorney can help you craft a lease and deposit policy that protects you from "...

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  7. Landlord/Tenant Question Tenant vacates property before lease term ends.

    Answered 3 months ago.

    1. Emma Lee Scott
    2. Padraig James McCoid
    3. Gregory John Barry
    3 lawyer answers

    It would've been much better if he had spoken to you or tried to negotiate an early termination agreement. However, in Illinois landlords have a duty to mitigate their damages in this situation. This means, regardless of how tenant handled the situation, you must now make a good faith effort to find a new tenant. This doesn't mean you have to take the first tenant that comes along, but you must look and try to find a new tenant to offer a lease to. Tenant is only liable to you for rent...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Course of action to evict a deadbeat roommate when there is a verbal lease?

    Answered 4 months ago.

    1. Emma Lee Scott
    2. Gregory John Barry
    2 lawyer answers

    Legally, there is a month to month lease, which generally can be terminated by either party for any reason with 30 days notice. If he insists on squatting, you can start the legal eviction process with a 30 day notice and then an eviction suit when that notice expires. However, since he's threatening your wife, you may want to explore an order of protection, which could get him removed from the property sooner. I recommend seeing an experienced landlord tenant attorney for a consult to...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I sue the previous owner of my home and make him pay for city violations on my new home?

    Answered 6 months ago.

    1. Emma Lee Scott
    2. Thomas O. Moens
    3. Shara D. H. Kamal
    3 lawyer answers

    New owners take a property subject to any existing code violations UNLESS you agreed otherwise with the seller, and their payment of the fines or correction of the issues was made a part of your sale contract. Check the terms of your agreement. If the seller agreed to be responsible for those violations you may be able to sue them for breach of contract.

    6 lawyers agreed with this answer

  10. Deed in lieu

    Answered 7 months ago.

    1. Judy A. Goldstein
    2. Emma Lee Scott
    3. Robert J Adams Jr.
    4. Stephen Samuel Messutta
    4 lawyer answers

    I agree with Atty. Goldstein, and would add that if you don't have a lease, then you're legally in a month to month agreement, state law requires they give you 30 day notice, as if they were your original landlord. The 90 day notice under Protecting Tenants In Foreclosure Act (PTFA) does not apply here because the lease is terminable at will under state law (as a month to month agreement). If the mortgage company doesn't want to keep you as a renter they will likely give you the 30 day...

    6 lawyers agreed with this answer