I had a foreclosure filed on a property I use to own. My name is no longer listed a the defendant in the electronic docket online. Does this mean the judgement is not held against me personally? Can the bank attempt to collect the debt from me?
There is really no way to know without looking at the court documents themselves. In my experience in Cook County, "dismiss, strike or withdraw a specific defendant" usually refers to the plaintiff's motion to dismiss all unknown owners and non-record claimants. This motion is a companion motion to the motion for summary judgment. Generally speaking, if you are still on the note, it's likely that the bank would attempt to collect from you, regardless of whether you are still an owner of record.See question
At the time, I was current, but now I am behind in my mortgage payments. SO really the question is : what is the impact on a chapter 7 or probable 13 when you are behind in your mortgage payments?
Attorney Diamond is correct. From what I'm reading, you met with an attorney about possibly filing a bankruptcy while current on your mortgage, and you have now fallen behind. Without more details, it's not possible to answer your question. Perhaps you want to know if you can keep your home, or you are trying to figure out what bankruptcy chapter best applies to your situation. I suggest a consultation with a qualified firm that does BOTH bankruptcy and foreclosure defense work.See question
Why does a bankruptcy attorney ask whether you are current on your mortgage payments in the initial meeting? At the time of this meeting, I was current, but now I am behind in my mortgage payments. SO really the question is : what is the impac...
The other answers are correct. Moreover, knowing if the mortgage is behind, and how much, is essential to prepare the bankruptcy documents correctly. The arrearage amount is important to the means test calculation. And, we'd definitely need to know the arrearage amount if the client is filing a Chapter 13, so we could come up with a workable Chapter 13 plan. Finally, if the homeowner is in foreclosure, the loan status is important so that we can properly advise the homeowner of their rights.See question
My credit has been dinged for the last few years from the ex not making payments. Why? I signed a quit claims deed. How do I fix my credit? Do 8I need a lawyer to help me clear this up?
A quitclaim deed releases your ownership interest in the property, but if you agreed to a mortgage, the debt itself isn't released. Because your credit has been taking a hit due to lack of mortgage payments, it appears that you are obligated on the mortgage note. I suggest going back to your divorce attorney for assistance. As for repairing your credit, you might have a tough road ahead of you. One option (if you qualify) is a Chapter 7 bankruptcy, which would enable you to discharge the mortgage debt. Another idea is to have your ex refinance the mortgage in his name only (which might not be possible if he hasn't made timely payments).See question
I am filing bankruptcy,my wife incurred medical bills before she passed away.
Yes, you should. Medical bills have been found by the courts to be a "family expense" in Illinois under the Family Expense Act. She also likely listed you as a guarantor with the doctor's office.See question
My attorney withdrew leaving me high and dry at the 11th hour to face a motion for summary judgment oral arguments hearing scheduled a month from now in chancery court in a breach of contract case where I am the defendant. This avvo site does not ...
Limited scope representation is allowed in Illinois, but with the facts that you describe, it may be difficult to find an attorney who would be willing to represent you in a summary judgment hearing. The attorney would be arguing the arguments written by another lawyer, after that lawyer has gone through the discovery process. That's not an ideal situation. You can contact litigation lawyers and ask them if they engage in limited scope representation. Tell them you only desire representation at the hearing, and see if they agree. Or, as you have stated, you can appear pro se and rest on the written briefs. Either way, if you're considering an appeal, I recommend hiring a court reporting service to transcribe the proceedings if your case is in Cook County..See question
I start my own business and I don't know it will make me problem. We don't have joint account. And my business I opened only for my name.
I realize it seems odd because your income is considered along with your husband's for the purposes of the means test, but under the facts that you described your credit would not be affected.
Be aware that if you have jointly owned property (a bank account, for example), that portion of the property that represents your ownership interest is protected from bankruptcy. But the remaining portion, if not protected through exemptions, is subject to administration by the trustee. Before your husband goes forward, be sure you speak with an attorney to determine how your property interests will be affected.See question
Hello guys I have a question for you. Could you please tell me approximately , how long does it take for lets say bank, or any other institution to put a lien on my property. If i own money to bank for credit cards , how long it will take for th...
I agree with the previous answers.
I'd like to add that, if you have been sued in the Chicago area and a judgment has already been entered, the creditor's attorney can have a memorandum of judgment signed by the judge immediately. When I was collecting debts, I waited 30 days, but it was only a formality, in case the debtor filed a motion to vacate the judgment.
A creditor's attorney doesn't have to wait. Once the memorandum of judgment is signed, the creditor's attorney can record it at the Recorder of Deeds' office, at which time it would become a judgment lien against all property that you own in the county in which the memorandum of judgment was recorded. If you have an apartment, as opposed to a condominium (and no other property), the memorandum obviously would not be a lien on real property. You should still be mindful of the fact that, once that creditor has a judgment, the creditor can attach your wages, bank accounts, etc. in order to satisfy that judgment. If you are concerned about that scenario, it's best to consult with an attorney about your options.See question
Is the value of your car on Kelly Blue Book determined by selling to a dealer or private party for Chapter 7 Bankruptcy? Also, can you take a homestead exemption for your car if you do not have a homestead of real estate? In other words, if the...
If you are using KBB, you are better off using the private party value. Homestead exemption: no. Wild card: yes. I agree that most trustees will not bother selling the car if it is $1,000 more, but this is not a guarantee. Be sure that you have the proper value before you file. I recommend using a bankruptcy attorney for your filing. It's not advisable to file pro se.See question
We filed for Bankruptcy & also included the home loan. The bank still has not foreclosed & will not work with us to keep the house. We are in a much better place financially & would like to try to keep the house but they won't work with us & say w...
You should consult with a qualified foreclosure/loss mitigation/real estate attorney in your area to see if they can help identify your options. Your situation involves a number of complicated and individualized factors (LTV ratio for your home, your income, etc.) and it simply wouldn't be possible to address your issues in an online forum, or, in my opinion, even in a telephone consultation. Research your potential attorney(s) very carefully and make an appointment with someone who will really sit down and talk to you and look at your numbers.
Another idea is to see a HUD-certified housing counselor in your area as well.See question