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Questions Answered by Robert J. Walinski
1 Answer | Asked in Foreclosure for Illinois on
Q: Can I get an extention of time to file amended pleadings if I hire an attorney?

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 »

Robert J. Walinski
Robert J. Walinski answered on Aug 5, 2019

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.

1 Answer | Asked in Foreclosure for Illinois on
Q: How will filing for bankruptcy affect my bank's foreclosure threats?
Robert J. Walinski
Robert J. Walinski answered on Oct 26, 2018

Not much. The lender can ask for relief from the automatic stay in order to proceed, or simply wait for your discharge then proceed.

2 Answers | Asked in Bankruptcy for Illinois on
Q: If I file bankruptcy and have secured loan will they take that vehicle used?
Robert J. Walinski
Robert J. Walinski answered on Sep 17, 2018

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 »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Will my 401K be safe if I file for bankruptcy?
Robert J. Walinski
Robert J. Walinski answered on Jun 12, 2018

Yes. ILCS 5/12-1006 contains the exemption for retirement plans and a 401k falls within the definition of a retirement plan contained in the statute.

1 Answer | Asked in Foreclosure for Illinois on
Q: If I don't want to contest the foreclosure proceedings that I'm named in in Illinois, do I have to file an answer?
Robert J. Walinski
Robert J. Walinski answered on Jan 5, 2018

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.

2 Answers | Asked in Foreclosure, Civil Litigation and Probate for Illinois on
Q: What form do I need to file in order to be added to a forclosure case, and speak on behalf of the heirs/ defendants

My grandmother passed and the family wasn't aware of the forclosure. My mother's name is also on the deed. My grandmother never took her off before she died.

Robert J. Walinski
Robert J. Walinski answered on Dec 19, 2017

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.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I’m filling chapter 13 and the trustees asked for a tax language.... what do that mean
Robert J. Walinski
Robert J. Walinski answered on Dec 5, 2017

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 »

1 Answer | Asked in Foreclosure and Divorce for Illinois on
Q: Is my spouse responsible for a debt I had before we were married such as a mortgage loan that's only in my name

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 has... Read more »

Robert J. Walinski
Robert J. Walinski answered on Oct 9, 2017

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.

2 Answers | Asked in Bankruptcy for Illinois on
Q: My sister filed a chapter 7. I inherited a used car. Can I give it to her without messing up the bankruptcy?

Her car is in really bad shape but is included in her bankruptcy and I am worried about her safety but I do not want the car I give her taken away to pay any debts.

Robert J. Walinski
Robert J. Walinski answered on Aug 7, 2017

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 »

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1 Answer | Asked in Foreclosure for Illinois on
Q: My home went into foreclosure & was bought by Owen, the mortgage holder

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 never... Read more »

Robert J. Walinski
Robert J. Walinski answered on Jun 6, 2017

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 »

1 Answer | Asked in Foreclosure for Illinois on
Q: What is a right of redemption and does Illinois have it?
Robert J. Walinski
Robert J. Walinski answered on Apr 29, 2017

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 »

1 Answer | Asked in Collections and Foreclosure for Illinois on
Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?

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 the... Read more »

Robert J. Walinski
Robert J. Walinski answered on Apr 29, 2017

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 (an amount... Read more »

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