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Michael Emmet Forkan

Michael Forkan’s Answers

36 total

  • How can I break my lease legally

    D landlord is very mean and takes his,time fixing things I have a kid I need things to be,secure

    Michael’s Answer

    How much time is left on your lease? Is the property in unlivable condition? You might want to talk to your landlord and try to come up with a resolution to your issues. If you move out before your lease is up you could be liable for the rent of the remaining months.

    Check out the legal aid website for a more detailed explanation

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  • How do i write a motion to donfirm a sale, from a sheriffs sale. Who do I list and what do I say.

    I bought the house on 11-23. the house is empty. there were 2 lien holders, banks, and no outside liens. Do I send letters to them and the denendants

    Michael’s Answer

    Did you buy it at a Sheriff's Sale? If so then I imagine the Bank is already represented by attorneys and they will file the necessary Motion to Confirm Sale.

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  • Noisy tenants and children

    Do we have any recourse? The tenant's children are being excessively noisy and jumping in the apartment. We have requested them to stop but they tell us to shut up and refuse to answer the door. This has been happening for the past 3 weeks. Th...

    Michael’s Answer

    If you already gave them a 30 day notice to terminate the tenancy your recourse is to pursue an eviction if they are not out on December 31. As far as the noise is concerned I am not sure what you can do that the 30 day notice isn't already accomplishing.

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  • Can my wife garnish my wages to get 1/2 of the mortgage payment? We are separated. I am currently unemployed.

    We are separated since March. I currently unemployed but once I get a job, can she garnish my wages to help pay the mortgage? Our house is for sale but there has been no interest and we cannot reduce the price below what we owe on the house. Sh...

    Michael’s Answer

    Are you a co-borrower on the mortgage? If yes, then once the foreclosure is initiated and after a judgment and sale the bank can seek a deficiency judgment for the shortfall that wasn't satisfied when the property gets sold at auction. In the Chicago area the trend has been that many Banks do not bother seeking deficiency judgment on a foreclosure of a primary residence because it is likely uncollectable (i.e. the borrower/debtor has no assets or sufficient income). That isn't to say that deficiency judgments aren't sought.

    If/when you get divorced your divorce settlement papers should contain provisions regarding your assets and liabilities. You are supposed to equitably divide your marital assets and debts.

    Have either your or your wife filed for divorce yet? Is your wife employed? Do you have children? Do you have any other significant assets? Were you the primary income earner while you were married?

    Your wife may be able to compel you to contribute by filing for divorce and then seeking a Temporary Order for Maintenance and Support during the pendency of the divorce. Whether or not this is appropriate all depends on the answers to my questions in addition to other items outlined in the statute listed below:

    Pursuant to 750 ILCS 5/504(a), the factors that a court will consider in determining an award of permanent or temporary maintenance are

    (1) the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;

    (2) the needs of each party;

    (3) the present and future earning capacity of each party;

    (4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;

    (5) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;

    (6) the standard of living established during the marriage;

    (7) the duration of the marriage;

    (8) the age and the physical and emotional condition of both parties;

    (9) the tax consequences of the property division upon the respective economic circumstances of the parties;

    (10) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;

    (11) any valid agreement of the parties; and

    (12) any other factor that the court expressly finds to be just and equitable.

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  • Wages paid to a housekeeper.

    I hired the services of a housekeeper for a short period of time. I paid her a total of $1500 with a personal check and I didn't take any taxes out.. do I need to send her a 1099 ? that's all she made in a calendar year. I just want to know if I ...

    Michael’s Answer

    An accountant would be better suited to answer this question. The IRS website has information regarding when you need to issue a 1099.

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  • The President of our HOA has not paid assessments in a very long time and now she is driving a brand new car.

    I am the treasurer of our HOA. There is a high number of delinquent owners so I must deal with them one at a time. We currently have $70 on the books and our legal counsel will not work for free, hence I am on my own. Previously I was advised to ...

    Michael’s Answer

    You can file a forcible entry and detainer action and then get a judgment which you can file against the property. Evictions are tricky in Cook County and Chicago in particular. Your best bet of trying to recover any monies for the delinquent assessments is to file the eviction proceeding. Make sure you follow all of the proper procedures as outlined in the Illinois Condominium Act and the Forcible Entry and Detainer statute.

    The Illinois Legal Aid website can walk you through the process of an eviction case. However, you need to be mindful of the specific provisions as they pertain to condominiums.

    Good Luck

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  • Does getting a ticket on supervision but not getting convicted for it still cancel your previous supervision?

    I got a ticket while on supervision but I got supervision for the second ticket and did not get convicted, will my previous supervision get cancelled, even though I didn't get convicted for the second ticket? Thanks

    Michael’s Answer

    Did you get found not guilty on your second speeding ticket? If you can't seek supervision for a second ticket while already on supervision. You can't get supervision twice. Getting another speeding ticket while on supervision is a violation of the terms of that supervision. You might slip by but it is possible that the State can seek to revoke both orders of supervision and find you guilty of both moving violations.

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    Michael’s Answer

    If you began renting before the Foreclosure case was filed you are entitled to remain living at the property under your current month to month lease arrangement. There are a few different steps in the foreclosure process. First, the bank needs to obtain a Judgment for Foreclosure. After that there is period of time in which the owner can redeem the property (7 months from service of the complaint or 3 months from judgment whichever is longer). Once the redemption period lapses the bank can send the property to judicial sale. Once a property is sold at a judicial sale the bank still needs to come in to court and confirm the sale. This usually happens about a month after the sale. It is only at this stage that the ownership of the property changes hands and which would affect your rights as a tenant.

    Even though a foreclosure has been filed, your month to month lease is still valid unless you personally receive paperwork from court seeking to terminate your tenancy.

    Before a bank can file an eviction case against a tenant, the bank must serve the tenant with a written “notice to vacate” advising the tenant that they have at least ninety (90) days after the date their lease ends to move out of the apartment.

    The Illiniois Legal Aid Website has a far more detailed explanation of what your rights are as tenant of building in foreclosure. Hope it helps.

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  • How can I find out when the bank will take my property under foreclosure?

    I stopped making payments on my home in Nov. of 2009. On the county website I saw the bank was given a judement of foreclosure in January of 2011. However, I have had no correspondance from the bank on when/if the property will be foreclosed. I...

    Michael’s Answer

    Once the bank has a Judgment of Foreclosure there is a period of redemption that begins tolling. It is 7 months from personal service of the foreclosure complaint OR 3 months from the foreclosure judgment -- whichever is later. After expiration of the rights to reinstate and to redeem, the lender may sell the home by judicial sale. Notice of the sale must be given to all parties in the action who have appeared and have not been found in default for failure to plead. Notice of sale must also be published, running in the newspaper for at least 3 consecutive weeks, between 45 and 7 days prior to the sale.

    It would appear that the bank is well within their rights to seek judicial sale. You might try contacting the attorneys that represent the bank and ask about the status of the case. You won't know unless you pick up the phone.

    You cannot rent the place out to a tenant knowing that you have a judgment of foreclosure that is awaiting judicial sale.

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  • What are the consequences when an attorney violates the ABA rule of full disclosure?

    My attorney forced me to decide a case but there existed a conflict of interest in my case. I had retained an attorney and only he knew information that was adverse to my case; I did not even know; but the attorney had retained knew this; and ...

    Michael’s Answer

    You should contact the Illinois Attorney Registration & Disciplinary Commission. They have an ethics inquiry hotline. They only accept phone calls -- no emails. You can call and very generally describe what you believe to be the problem and they will assist you.

    The phone number is 312-565-2600

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