Adam J. Lysinski’s Answers

Adam J. Lysinski

Chicago Lawsuit / Dispute Attorney.

Contributor Level 9
  1. Default Judgement on Counterclaim?

    Answered almost 2 years ago.

    1. Adam J. Lysinski
    2. Alan James Brinkmeier
    3. Judy A. Goldstein
    3 lawyer answers

    …I agree. While judges will typically grant at least one extension, nothing will happen if you don’t ask for it (i.e. file a motion). Normally you would want to file a motion for default, and possible come back to prove up your damages. As for the plaintiff’s complaint, that should be dismiss if the plaintiff does not show up. Lastly if the plaintiff is not responsive, but you feel the plaintiff might resurface, you might want to file request to admit prior to your motion for default...

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  2. Do i have to appear in a mortgage foreclosure summons even if i do not want to keep the home?

    Answered over 1 year ago.

    1. Adam J. Lysinski
    2. Emma Lee Scott
    3. Stephanie Elise Greenberg
    4. Mahmoud Faisal Hasan Elkhatib
    5. Diane L Drain
    5 lawyer answers

    In short, no you do not have to appear. However, if your name is on the note, a deficiency judgment can be entered against you (this means you can potentially owe money to the bank even after the foreclosure is over). Check the documents form your closing, or the complaint that was filed in court to see if you are liable (if you signed the note). If you are not sure, ask a foreclosure attorney asap. Either way, please note that the foreclosure will result in the title being taken away,...

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    1 person marked this answer as helpful

  3. Cook county court defendant hired attorney does he af to file a appearance and if he does not can i block him from

    Answered about 1 year ago.

    1. Adam J. Lysinski
    2. Judy A. Goldstein
    3. Joseph Andrew Brabender IV
    3 lawyer answers

    .... I agree with these answers. You may however ask the judge to enforce this requirement. Good Luck.

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  4. What do i do about eviction notice

    Answered almost 2 years ago.

    1. Adam J. Lysinski
    2. Judy A. Goldstein
    2 lawyer answers

    I agree. In certain situations you can vacate the previous court order, and get a chance to have your case heard in court. If you decide to file a motion to vacate, make sure you also leave a copy with the sheriff’s office. I strongly suggest you see an attorney asap, but in any case, do no wait. Please remember, Illinois is not a self-help state. The landlord must go thought the sheriff’s department to regain possession.

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  5. My husband and I have been seperated for many years, he purchased a house but walk away from it and move out of state.

    Answered over 2 years ago.

    1. Adam J. Lysinski
    2. Mara Ann Baltabols
    2 lawyer answers

    General rule is that if you did not sign the note, the lender will not be able to collect any money from you. It is common for the lender to include the name of the spouse (even if the spouse is not on the deed) in the foreclosure suit, but that does not mean you will be responsible for any debt.

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  6. Broke lease and landlord threatening to garnish my wages

    Answered over 2 years ago.

    1. Adam J. Lysinski
    2. Judy A. Goldstein
    3. Marc Gregory Wagman
    3 lawyer answers

    Based on what you wrote, I would not worry about this too much. It sounds like your old landlord might have issues with the condo association, and potentially violated the Chicago Landlord Tenant Ordinance, which would entitle you to a counter claim. I don’t think you will be hearing from your landlord, but you can always check the circuit clerk’s website or call 312-603-5030 to find out if a case has been open against you. Good Luck.

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  7. Is a real estate, accounting, law or any other license required to be a foreclosure mortgage consultant in Illinois?

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. Joseph Younes
    3. Adam J. Lysinski
    4. Peter J Weinman
    4 lawyer answers

    Most of the work involved around pre-foreclosure will have legal consequences. There are times that I will specifically tell my clients not to try a modification or a short sale because it would force them to disclose information to the bank that can be used against them at a later time. Additionally, The Illinois Supreme Court granted the Attorney Registration and Disciplinary Commission (ARDC) the authority to investigate and prosecute the unauthorized practice of law. That being said, I do...

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  8. My lease has ended. I am 2600 behind. I have the money to pay in full, but that leaves me with nothing. Also, we have never paid

    Answered over 1 year ago.

    1. Adam J. Lysinski
    1 lawyer answer

    I'm sorry to hear about your situation. Eviction process takes several months in Chicago. Whether you should stay or go really depends on your personal situation, the lease, and what type of building you are in (see if Chicago landlord tenant ordinance applies - which might give you some recourse). I suggest you find your lease and see an attorney. Good Luck

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  9. If our condo unit is in foreclosure, and we are current on the assessments, can the condo association charge legal fees ?

    Answered over 1 year ago.

    1. Emma Lee Scott
    2. Adam J. Lysinski
    3. Daniel J. Winter
    3 lawyer answers

    I agree, legally most of the time the bylaws will allow for recovery of legal fees. Practically, the association does not really need to engage in foreclosure action, but regrettable it does have that option. Sorry to hear about your extra expenses. Good Luck.

    2 lawyers agreed with this answer

  10. Do I need a lawyer to handle a short sale on my home.

    Answered over 1 year ago.

    1. Shara D. H. Kamal
    2. Judy A. Goldstein
    3. Adam J. Lysinski
    4. John Edward Brennock
    4 lawyer answers

    I agree. Additionally it is traditional in Chicago for the seller’s attorney to order the title commitment and prepare the closing documents. As a general rule, at a short sale you will not be able to take any money away from the closing. It is likely that attorneys fee will be included in the closing fees, and depending on your payoff letter, you will probably not be required to bring any additional funds to the closing. Lastly, some people might stand to really benefit from not doing a...

    2 lawyers agreed with this answer

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