Have your uncle hire an attorney asap. Not only should the fraud charges be dealt with (you don’t want a default judgment against hi), but he will need a court order if he wants to remove her from the deed. Good Luck
Generally on owner of a property (owner of record – see the deed) can evict a non-owner (tenant). Even is not rent was ever paid, the owner can evict the tenant (usually a 30-day notice is needs to be served first). I suggest your mom sees an attorney that practices real estate law in the area where the property is located. Good Luck.
The first step would be to find out if you are an account holder, or just an authorize user. If you are responsible for the account, my experience is that for $9k+ the bank will sue you, unless a settlement is reached. Good Luck.
I agree. You signing the lease over does not change you contractual obligations with the landlord. Practically, if your roommate keeps paying under the lease, there should be no problem, but legally you are accountable for the money due under the lease. Lastly, I don’t know why an attorney would threaten you with sending a file to collection. Usually, it is the attorney that would take the matter to court, not send it out to a collection company that has no power to do anything. You might...
I agree, especially about the “before the default judgment” part. If you cannot get an answer, either hire an attorney, or at minimum go to court and tell the judge that you are offering a consent foreclosure. That might help to persuade the other side, or at least get a continuance which will give the bank’s attorney time to contact the client. Good luck.
I think you should start by checking the language on the judgment entered in the foreclosure. The majority of the 1099s come from second lien holders and short sales. If you want to know your exposure to possible personal judgments, I would encourage you to speak to an attorney that can review your assets/liabilities, income/expenses and the actual judgment entered. Good Luck.
Although it depends on the bank (sadly most banks are not very well organized at this), but generally the bank should accept your payments so that you can cure your default. In the even they don’t, you have a statutory right to reinstate your mortgage should the lender initiate a foreclosure action. You might want to call your lender and find out what is the best way to make a payment. Good Luck.
From what you wrote, it difficult to determine what really happened in court. I would recommend that you, at minimum, look up your case on line at http://www.cookcountyclerkofcourt.org/ and see what is going on. If possible, you can also request to see the file on the 8th floor at 50 W. Washington in Chicago, chancery division office. It might be time to ask for help from an attorney that specializes in these matters. The last thing you want is a surprise judgment or eviction. Good Luck.