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Adam J. Lysinski
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Adam Lysinski’s Answers

127 total


  • How do I request a consent foreclosure?

    Once the request,if at all, is granted, am I liable for fees? Our mortgage was sold by BOA to Greentree servicing and they have refused to help with a modification and they are not helpful at all. Is it best to have a lawyer handle the issue?

    Adam’s Answer

    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.

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  • How should one respond to a civil demand letter from Macy's or any retailer for that matter?

    I've been receiving civil demand letters and threatening phone calls from Macy's regarding a shoplifting incident that occurred last month. They want $500 which I am unable and unwilling to pay, especially since the criminal charges regarding the ...

    Adam’s Answer

    I am in agreement with the answers that you have received. One note, I usually send a denial letter within 30 days for the purpose of preserving your credit report. Otherwise, the odds of you getting sued are less than 1%.

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  • Default Judgement on Counterclaim?

    Plaintiff filed a complaint, I responded and also filed a counterclaim. The Plaintiff never responded to my counterclaim (due about 3 weeks ago). What are my next steps? Do I automatically get a default judgment on my counterclaim? Or can the ...

    Adam’s Answer

    • Selected as best answer

    …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 judgment. But be careful, there are strict rules (see section 216 of the code) and if you don’t follow them, it will not work. Good luck.

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  • Can a landlord increase your rent above the current market asking price?

    My lease will be up for renewal early next year. I am currently paying $5 less than the high end range for the apartment. Could be rent be legally increased beyond $5.

    Adam’s Answer

    I agree, additionally keep in mind that you have no obligation to renew, just like the landlord has no obligation to keep the rent at a certain price or renew the lease. I encourage you to treat this practically, and consider all factors such as moving costs, etc. Good Luck.

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  • Hello, I am an hourly employee, under 40 hours per week at my employer’s preference. I have been with the company for 16 years.

    My employer recently stated that I, along with my co-workers will be required to work weekends. I am a 50+ employee, whereas my counterparts are much younger (early 30s) and have “opted-out” of working on Sundays. My retired husband recently had...

    Adam’s Answer

    Sadly, I agree with the previous answer. Since you seemed to be an employee at will (not under contract) the employer has a lot of direction as to your hours and termination. While the employer is not allowed to break the law when terminating your position (i.e. withhold payments, discrimination, etc…) the employer may terminate you without cause. Sorry, I hope you manage to work this out.

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  • Ended up having to file bankruptcy in IL ( ch 7 ) on Nov 6th . . . it stopped sheriffs sale on Nov.8

    What can I expect now , as it pertains to being removed from home ? Wife and I are separated and she and kids live in house that is being forceclosed. Bankruptcy filing was me only. Mortgage note was in my name only. My creditors meeting is sch...

    Adam’s Answer

    Your bk attorney can object to the bank moving forward with the foreclosure case. While you will probably not win this motion, a judge is likely to continue the hearing until after your creditor’s meeting so that the trustee can file a no asset report. This can give you appx another 2 month to try to work things out. Good Luck

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  • I went true the courts for my house and in the end we agreed on deed in lieu with the bank,

    they dropped the lawsuit and we agreed on the deed in lieu,I am due to leave on Dec 1st in return I will get 3k if the house is left on time and in order,now before I know it the bank has sold the property to another bank and the real estate perso...

    Adam’s Answer

    Good evening. Once a foreclosure has been filed, a deed in lieu is not really a realistic option. Instead, you and the bank would have to enter into a “consent foreclosure”, which a judge would have to approve. Chances are if you don’t have that, there is no agreement, sorry.

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  • I am working with lender on DIL, Summons & papers filed. I have to answer complaint. What form do I use stating I am working

    with the lender on the DIL, I need to file this on the 13th.

    Adam’s Answer

    Good evening. Once a foreclosure has been filed, a deed in lieu is not really a realistic option. Instead, you and the bank would have to enter into a “consent foreclosure”, which a judge would have to approve. Chances are if you don’t have that, there is no agreement, sorry.

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  • Im going through forclouser and i might have to fill bankrupt .the house was in me and my ex wifes name.i have now remarried

    will they go after stuff that is in my wifes name that my name is not on

    Adam’s Answer

    No, legally I do not see how they can do that. Your new wife's assets should be safe.

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  • Can two partners force one partner to sell?

    We are in a three way partnership. We all own equal shares. I'm the president out and would like to force the vice president out. The third partner is the secretary and would like to force the vice president out also. Me and the secretary do all t...

    Adam’s Answer

    Unless you have a written agreement that outlines the conditions for a buyout, the only way you will take your partner’s ownership away is by an agreement or a court order. As majority interest holders, you and your remaining partner can always vote to pay yourself salaries for the work that you perform which would reduce or eliminate the money left to be distributed. I suggest you seek legal help, and consider negotiating.

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