I took a loan against my workers comp case in 2018. I filed chapter 7 bankruptcy in December 2020, bankruptcy was discharged April 2021 with the loan company on the bankruptcy and they did not contest the discharge. WC attorney office paid the loan company in December 2021 when my case settled not... Read more »
In all probability the lender had a perfected security interest in the settlement. While any personal liability on your part was discharged, the lien would survive the discharge unless you successfully moved to avoid it. The basis for such avoidance would normally be that the lien somehow...Read more »
I recently realized that I qualify for pro bono assistance in my foreclosure case in dupage county, il. My amended pleadings were due a few days ago, and I have court in a couple of days. I recently found out that I qualify for pro bono assistance due to low income. Can I request an extention based... Read more »
Nothing is ever guaranteed but generally courts bend over backwards to give foreclosure defendants every opportunity to present a defense. Especially if the defendant is pro-se. So the answer is very probably you can get an extension of time to plead.
The trustee would only take a motor vehicle if there were substantial equity in the vehicle. The cost of administering an asset, including taking possession, storage, expenses of sale and the court time involved in getting a approval for the distribution of the proceeds are usually prohibitive....Read more »
Provided that you do not wish to retain whatever interest you have in the property, no. You will be defaulted and your interest foreclosed. Of course if the complaint seeks a personal deficiency against you as the mortgagor you would probably want to file an appearance and answer.
Unless you are an attorney you cannot represent your mother. You also cannot "add" yourself as a defendant unless you have some legal or equitable interest in the real estate, and it doesn't sound like you do. Assuming your mother is a named defendant she should file an appearance in her own name.
The trustee wants your plan to include a provision that your Federal income tax refund or some portion of it be paid into the plan. Chapter 13 requires all of your disposable income be paid into the plan. The refund is part of your income. This provision trips up a lot of debtors because the...Read more »
I obtained a mortgage in 2008. The property has been in my name solely since February 2014 as my ex husband signed a quit claim deed to the property. His name was never on the mortgage loan. I remarried in April 2014 and my current husband's name is not on the deed or the mortgage and never... Read more »
No he is not liable for the underlying mortgage debt. The mortgagee has in all likelihood named him because he is an occupant. That gives him an interest in the property. Naming him and obtaining jurisdiction over him gives the foreclosure court the ability to extinguish that interest.
Property acquired after the date of filing is not property of the estate, so no problem. Even if it were the debtor is entitled to an exemption in the amount of $2400.00 in any one motor vehicle. It is uncommon for a trustee to administer a motor vehicle in a Chapter 7 unless there is very...Read more »
Before my May 20th deadline, they gave me a couple more months to move. Last week, a lawyer left a letter in my door for me to sign saying I should be out by June 7th. I did not sign. I tried to call him & left a message telling him Ocwen already told me I had a couple more months to move. He... Read more »
There is not enough information to answer this question definitively. The May 20th deadline could be an order from the foreclosure proceeding to vacate, a date set in an eviction proceeding, or a date imposed by the lender. Unless the deadline is pursuant to some court order there is very little...Read more »
It is the right to pay the balance of the mortgage. If the lender is paid in full , there is no mortgage left to foreclose. 735 ILCS 5/15-1603 provides that this right expires 7 months from the date all mortgagors have been served or 3 months after the entry of a judgment of foreclosure and sale,...Read more »
The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all... Read more »
Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus...Read more »
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