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Michael Emmet Forkan

Michael Forkan’s Answers

36 total

  • I am looking for a lawyer who deals with real estate "Code Violations" in Chicago

    Just got a document from the City of Chicago stating that we(husband and wife) have multiple "code violations" on a 3 unit building we own,so we are looking for a lawyer to see what we can do.

    Michael’s Answer

    A search on Avvo should lead you to several qualified attorneys experienced with handling issues with building violations. I can tell you from experience at the Administrative Hearings unit that you should not ignore this notice. Make sure that you attend the initial hearing date. Read the notice carefully to see what violations are being cited. If you get the violations corrected before the hearing date you need to document it by taking pictures, producing receipts from a contractor, etc. You can usually negotiate with the attorneys representing the city as to as possible fines. Hope this helps.

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  • Truth In lending act what recourse do I have

    I purchased a waterfront home in my area (closed 4/26). It was determined via a flood certification that flood insurance was not required. My loan was then sold to a new lender who sent me a letter determining that my property IS located in a floo...

    Michael’s Answer

    You might have recourse. The Truth in Lending Act deals with full disclosure of financing charges associated with a loan. Flood Insurance inspections are not generally seen as financing charges. However, subsequent flood inspection ARE considered finance charges. There was an initial inspection and determination that deemed your home as not needing flood insurance. This first inspection may have been done negligently. However I wonder how "off" the address could have been to take it out of a flood zone. Your property is waterfront property after all. It would be a slightly different situation had your home been in an area that was remapped and now in an area that is considered in a flood zone thus requiring flood insurance. At that juncture the loan service provider is required to send you notice to obtain flood insurance or force place the insurance if you fail to obtain it on your own.

    I guess the real question to ask is what are you hoping to accomplish? You can sue to rescind your loan and essentially "undo" the loan due to mutual mistake based upon the flood insurance screw up. I don't know that you can sue to have the lender pay your flood insurance premium.

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  • Do women get child custody in illinois automatically

    is it true that women get child custody of children automatically i want to divorce but if i do petition my wife will get custody of children automatically. does immigration play a part in the case of child custody in illinois

    Michael’s Answer

    In divorce petition you can request custody of the children. Child custody battles are emotionally charged, extremely costly and generally not pretty and involve a lot of parties -- lawyers, Judges, social workers, psychologists, and guardians. Women do not necessarily automatically get custody. It would seem like this is the case because traditionally women have been the primary caretakers of children in a relationship. But as times have changed so have traditional gender roles and the notion of primary caretaker of a child is not necessarily tied to gender. Courts determine custody based on the "best interests of the child" standard which is outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/101, et seq., and which states:

    The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

    (1) the wishes of the child’s parent or parents as to his custody;
    (2) the wishes of the child as to his custodian;
    (3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;
    (4) the child’s adjustment to his home, school and community;
    (5) the mental and physical health of all individuals involved;
    (6) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
    (7) the occurrence of ongoing abuse . . . whether directed against the child or directed against another person;
    (8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
    (9) whether one of the parents is a sex offender; and
    (10) the terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

    This isn't a simple issue so you should really consider meeting with an attorney to discuss your situation in more detail.

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  • Can I stop my brother from renting out a house we both co own?

    My Mom passed away in 2008 leaving her homer in a land trust equally to myself & my brother. Our agreement that he was to buy me out of the house within a year has not been honored by him. After 3 yrs he finally agreed to sell the house but in the...

    Michael’s Answer

    Consult with an attorney!

    The only way to force a buyout of real estate is through partition. It applies to not just tenants in common but also joint tenants. It is a very specific remedy and is governed by its own statutory provisions under 735 ILCS 5/17‑101. However, placing the property in a land trust takes it out of the purview of that statute since ones interest in a trust is considered personal property and not a real property interest.

    However, there are still other remedies available to you. Therefore, you should definitely hire an attorney especially since there are multiple issues here. Depending on the cause of action a receiver can be appointed to handle

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  • What happens after an arraignment in Illinois,

    After an arraignment in a criminal case and the defendant pleads guilty but can't post the bond, what happens in the next court date? Is the sentencing next or do they drag it out?

    Michael’s Answer

    If the defendant has pled guilty the sentencing is usually the next step. However, every county circuit court has its own way of doing things. I would imagine the sentencing will be next but without knowing more as in what sort of charge the defendant pled guilty to; the county of the offense; etc. it is hard to say.

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  • No heat in my apartment... Continuously keep asking and the landlord keeps blowing me off

    been trying to get the landlord to turn the heat on for a month now.... the heat only comes on is around 4:30 pm and it doesnt even warm the heaters... i have complianed time and time again .. i am getting sick for the 2 time in less then 3 weeks....

    Michael’s Answer

    Where is your apartment located? If you are in Chicago the 3 code requires that a landlord maintain certain temperatures. Between September 15 and June 1 the temperatures should be at least 65 degrees at 7:30 AM; 68 degrees from 8:30 AM to 10:30 PM and 63 degrees from 10:30 PM to 7:30 AM.

    If you are having issues make sure you document your problems. Keep records of the temperature. Make sure that you make your complaints to your landlord in writing.

    The City of Chicago Heat Hotline is 312-744-5000.

    If you are having further issues when the temperature really starts dropping and your landlord is not maintaining these minimum standards you might consider hiring an attorney to represent you in potentially breaking your lease and suing your landlord for damages.

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