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How do I find a mortgage contract/foreclosure defense attorney? I am scheduled for case management on March 4.
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Answered on February 26, 2014
I don't know if based on the information you provided a suit to quiet title would be the appropriate remedy. That being said, assuming your audit...
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What can I do about a malpractice foreclosure lawyer?
Daniel's answer
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Answered on February 23, 2014
A loan modification is not a defense to a foreclosure. This is a separate negotiation that takes place outside of the litigation and is not...
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Wells Fargo refuses to negotiate under HAMP
Daniel's answer
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Answered on February 23, 2014
It is true HAMP does not not create a private cause of action. However, at least one court has held (Wigod v. Wells Fargo Bank) that while it does...
Archived
Need help! I am a renter in a foreclosure property.
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Answered on February 22, 2014
It sounds like the Plaintiff is US Bank Association, so for all intensive purposes they are the ones that are seeking to foreclose on the property...
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We own two properties. Can one be foreclosed on without affecting the other?
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Answered on February 19, 2014
Your primary residence should be protected. If you took the loan out on the property under your name, and used your wife's property as collateral...
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Can a "tenant" (squatter) delay an eviction after home ownership change?
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Answered on February 18, 2014
I agree with the other attorneys. Those are not legal defenses to the case. The previous eviction (aka forcible entry) should be enforceable. If...
Archived
ILLINOIS FORECLOSURE SALE DATE QUESTION
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Answered on February 15, 2014
I would file an objection to confirmation of judicial sale based on 735 ILCS 5/15-1508. That statute lays out the 4 provisions that can be the...
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Is my traditional ira protected from foreclosure and would my beneficiary receive it if I should die?
Daniel's answer
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Answered on February 15, 2014
I agree with the other attorneys, an IRA is exempt under the Bankrutptcy laws. You are protected. I assume when you say "surrendered" the house you...
Archived
I live in Illinois. If the bank forecloses on a secondary property, can the bank take any equity out of my primary residence?
Daniel's answer
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Answered on February 12, 2014
As the other attorneys alluded too a bankruptcy could discharge the debt you have. However, your factual scenario requires more detail. If I...
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How long after a sheriff sale can you stay in the property?
Daniel's answer
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Answered on February 12, 2014
The general rule is 30 days. If you have some exceptional circumstances like a medical condition you may be able to extend the order of possession...