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Questions Answered by Burton A. Padove
1 Answer | Asked in Foreclosure for Indiana on
Q: I have received forclosure notice on my home. How do I go about giving a waiver for them to go ahead and sell?
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answered on Jul 10, 2011

I am speculating but ti sounds as if you are asking how to give a deed in lieu. Mostlenders have their own procedures and qualifying requirements for accepting a deed in lieu. You need to contact your lender. Be prepared to provide a substantial amount of information and for a somewhat time... View More

1 Answer | Asked in Foreclosure for Indiana on
Q: I was working with Chase for loan modification. At the same time they forclosed my house. Is there any help I can get.
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answered on Jul 10, 2011

Possibly. However the answer depends on large part on the modification process status as it relates to the timing of the foreclosure proceeding.

1 Answer | Asked in Foreclosure for Illinois on
Q: If i was served before the special process server was appointed can i quash the service
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answered on Jul 10, 2011

If you were served by the Special Process Server before the appointment, yes. If you were served conventionally and within the time parameters, no. However, it is pretty academic, as if it is quashed, all that will happen is that you will get served again.

1 Answer | Asked in Foreclosure for Illinois on
Q: If my house is forclosed on, do i owe the difference? and if so, can they attatch my social security? i am 77 years old
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answered on Jul 10, 2011

Yes, you will owe the difference. However, many lenders forgive the difference. Althoug that may sound great, in reality it is not as good as it seems, as a 1099 will be provided to the IRS and you may be responsible for taxes on the debt forgiveness. they cannot directly attach your social... View More

1 Answer | Asked in Foreclosure for Illinois on
Q: What does a notice of hearing mean?

We received a notice of hearing (regarding our mortgage in Dupage County IL) It gives no information as to what needs to be done and if we have to be present. We do not live in IL. We have a home in IL that is being rented but is in foreclosure.

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answered on Jul 10, 2011

It means that on the date listed in the notice a motion or an evidentiary proceeding will take place. Usually, a copy of a motion is attached. Without more information being posted2cx9, I can not provide you with anything more constructive. Good luck.

1 Answer | Asked in Foreclosure for Illinois on
Q: I am in foreclosure and have been served with the case.

The complaint states the capacity in which the plaintiff brings this foreclosure is the Mortgage under 735 ILCS 5/15-1208. They also list the assignment recorded as n/a. Don't they have to state who the actual holder of the Note is or who the assignment is under to have Standing to bring... View More

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answered on Jul 10, 2011

Generally speaking that is correct. Your posting seems to indicate that there may not have been an assignment of the note. However, they still need to sue based on the note and produce the original

1 Answer | Asked in Consumer Law for Illinois on
Q: How do I sue the mortgage company for damages (they filed the foreclosure while I was making payments).

Altough the judge dissmissed the foreclosure, they still continue to report on my credit that I am in foreclosure. Case almost identical to David brash case. I want to do it pro se (have no $$). Thanks

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answered on Jul 10, 2011

I am sorry to hear about your situation. Having handled foreclosure defense cases, I have learned that there are few things more frustrating than dealing with lenders. I am familiar with the case and it involved a 6 day jury trial. Cases against lenders are usually quite complex, there are... View More

2 Answers | Asked in Consumer Law for Illinois on
Q: I want to sue my mortgage lender

I believe they have broken a number of laws. I live in Chicago, Illinois, where my condo is located. My lender is Bank of America. I'm a former real estate legal secretary, and I have considerable documentation. I want a lawyer who will salivate at the opportunity to go after Bank of America.... View More

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answered on Jul 10, 2011

Unfortunately, you have not provided any facts that would allow anyone to determine whether you have a valid claim against the lender and how you have been damaged. Please repost with this information and it may be possible for someone to respond to your inquiry. Thanks

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1 Answer | Asked in Consumer Law for Illinois on
Q: Do I have any recourse against a GC that allowed the wrong circuit amp to be installed on new construction?

This was installed less than 3 years ago and today resulted in the outlet attached to this circuit burning up. outlet is used only for whole house humidifier which runs only from Dec to Mar-ish.

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answered on Jul 10, 2011

Your agreement controls. Sien the GC has overall responsibility for the project and must provide services in a workmanlike manner, it sounds to me that you may have recourse.

1 Answer | Asked in Consumer Law for Illinois on
Q: I purchase a bedroom set from directbuy ,furniture deliver damage or distress, DirectBuy as of today refuse to replace

The furnitures dispite all pieces was damaged. I have been getting the run-a-round by Directbuy for a month. Refused to return my calls. What quick solution can I do about this horrific crime?

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answered on Jul 10, 2011

If you paid by credit card, you may have ther right to cancel the cahrge. Otherwise, you may have to file a small claims suit, or hire an attorney to send a letter. Sometimes a letter from an attorne yis all that is needed to get the attention.

1 Answer | Asked in Consumer Law for Illinois on
Q: I have a CC thru Value City. Statement says must be paid by 03/07/11. Does it count as on time if it's post marked b4?
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answered on Jul 10, 2011

If your agreement wiht them says received by, the answer is no. Look at your credit card agreement.

1 Answer | Asked in Consumer Law for Illinois on
Q: The terms of a payday loan I took out are illegal in my state. What can I do?

I just learned that in Illinois a payday loan can be for only 25% of your AGI-or $466 in my case. This loan was for $520 + $190 in interest. The max allowable amount of interest is also supposed to be only $15.50/$100-which this definitely exceeds.

Also, I was unable to pay the full amount... View More

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answered on Jul 10, 2011

Since yourfunds are limited, I suggest that you contact the illinois Attonrey general's Office. Their legal assistance is free. You also could hire an attorney to send the company a letter offering to repay the loan purusant to the terms of Illinois law.

1 Answer | Asked in Consumer Law for Illinois on
Q: Can a person be charged with deceptive practice when then wrote a post dated check

A person was told to write a check and post date when looking to buy a car when that person told them they did not have the money at that time but was expecting to receive money later can that person be charged with deceptive practice if the money did not come and that person could not cover the... View More

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answered on Jul 10, 2011

the person can be charged wit ha crime. However, that deicsion is made by the States Attorney not the business or person who sold the car. The personm or business can file a civil suit.

1 Answer | Asked in Consumer Law for Indiana on
Q: In Indiana can a used car dealership sell you a car that wont pass emissions?
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answered on Jul 10, 2011

There is no law that specifically prohibits this practice. However, if there were represntaions made that were false, you may have a claim under the Unfair and Deceptive Practices Act. There may also be other laws or legal theories available depedning on the facts of your situation. I hope this... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it possible to be granted parole modification to get off parole?
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answered on Jul 9, 2011

Yes,the parole board has discretion to discharge a person once they are released on parole. See Indiana Code 11-13-3

1 Answer | Asked in Family Law for Illinois on
Q: In Illinois, can a parental acknowledgement form be signed by the father before the birth of the baby?
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answered on Jul 9, 2011

I know of no case that permits this. The statutory form requests information such as the child's date of birth,so I doubt that the form can be signed and filed before the birth occurs.

1 Answer | Asked in Family Law for Illinois on
Q: Divorced in Illinois, live in Texas, ex-wife lives with daughter in Missouri. Which state has adoption jurisdiction?
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answered on Jul 9, 2011

If the child has lived in Missouri for 6 months, probably Missouri.

1 Answer | Asked in Family Law for Illinois on
Q: What do i after receiving a summons in a adoption case
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answered on Jul 8, 2011

Please repost with more information as to who you are in relation to the child being adopted. Once you give that information, an answer may be able to be provided. Thank you.

1 Answer | Asked in Estate Planning for Illinois on
Q: How does someone obtain copies of a Living Trust after the parties have passed away?

My parents drew up a Living Trust and made one of us trustee. He will not send copies or info to Us , and claims there is nothing in the trust for Me. He will not allow Me to My parents home, because he owns it now.

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answered on Jul 8, 2011

I suggest that you contact a Probate attorney for the purpose of opening an estate. Once an estate is opened, you can subpoena the trustee and require him to produce the trust.

1 Answer | Asked in Family Law for Illinois on
Q: What exactly are parental right? What do they do for me

My ex-wife got custody and gardianship in Il after a 2 1/2 year DCFS case i have my parental rights. Since then she has moved to another state and I have no way of getting her address to send visitation papers to her. She wont give it to me. All she says is she doesn't have to.

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answered on Jul 8, 2011

The quickest way and probably less expensive than hiring an attorney is to hire a skip tracer to locate her. You can then send her the papers.

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