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Questions Answered by Mazyar M. Hedayat
1 Answer | Asked in Real Estate Law for Illinois on
Q: If someone sells a house on contract and there is a mortgage on the property who is responsible for repairs?

My daughter is buying a house on contract which still has a mortgage. The contract was signed by both and a notary. The house has a furnace which isn't even a home furnace,it's an apartment furnace. And it has stopped working. My daughter says that she is paying the homeowners insurance... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Nov 9, 2016

You ask if your daughter is responsible for repairs to the furnace of the home she is buying on contract. Given the limited information provided, it would appear that the contract (i.e. Articles of Agreement for Deed a/k/a Rent to Own) is not completed. If so then the home does not belong to your... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: Question about wage garnishments/liens

I am currently gathering all of my information to file bankruptcy. Yesterday, I received a phone call from a lawyer trying to collect a past debt. She says the motion will be filed to serve me tomorrow unless I pay what is due. I do not have the money to pay this by tomorrow. She threatened wage... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Nov 9, 2016

As soon as you file your Bankruptcy case, all collection action stops. So whether this threat and ensuing motion is a "problem" depends on how soon you plan to file. That in turn depends on how soon you can afford to file; whether pro se (without counsel) or via an Attorney.

In...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: I need to know how to give a 3rd party access to a home I was selling on contact while I now live out of state.

I own a house in Illinois that I was selling on contact because I was moving to Oklahoma. The buyer hasn't made payment in quite sometime nor has he paid the taxes as agreed. I have been told he vacated the premises some months ago. Is there anything I need to do to allow a person acting on my... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Nov 8, 2016

You state that you are selling the house under a contract (i.e. Articles of Agreement for Deed a/k/a Lease to Own). The lessee/buyer has not followed through and now abandoned the property. You wish to know if there are any steps you should take before exercising control of the property.... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Q: Is the landlord allowed to rent out an individual parking space in front of retail business to a semi truck?

We have a retail business in a building with hundreds of parking spots. We were allotted 6 spaces (which is next to nothing in a retail business). The landlord started renting out INDIVIDUAL spots for long term use, which already made the business look cheap and run-down, but he decided to rent... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Oct 10, 2016

You state that your landlord is renting out spots in front of your retail establishment and that you believe that action will have an affect on the viability of your business. You are located in Glenview (Cook County).

Neither Cook County nor the Village of Glenview has specific...
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1 Answer | Asked in Consumer Law and Contracts for Illinois on
Q: Went to Computer Systems Institute, IL. Did not receive both certs, job placement, etc. Do I have a suit against them?

They recently lost financing from the government. Did not receive proper training or promised education. Did not receive job placement. Just want to know if CIS can be held accountable for the repayment of the government student loan for failure to follow through on their end of a contract.

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 13, 2016

If your educational institution obligated itself to give proper training and deliver job placement, but did neither, then yes, you have a case. Of course, it is highly unlikely that the educational institution would put such obligations in writing. It is far more likely that you would have to... View More

1 Answer | Asked in Business Law, Consumer Law, Contracts and Small Claims for Illinois on
Q: If a corporation dissolves, how are the warranty claims handled if customers have up to a 5-year guaranty on prod/serv?

illinois corporation is dissolving. They are a service company in a specialised industry working for commercial and residential customers. They extend a 3-year or 5-year guarantee on products and services respectively to their customer base. Do they have to maintain some way of servicing any... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 12, 2016

A warranty is essentially an insurance policy, so you should find out if the issuer of the warranty actually has an insurance policy that you can take advantage of in the event you need follow up. In general, warranties can also be purchased - in fairness the dissolving company should purchase such... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: My girlfriend bought a house and I invested money in it. Can I sew for the money I invested?

I paid closing cost and put $4000 worth of fencing up and $6000 shed. She wants me to move out. Can I sew for the money I invested.

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 8, 2016

Based on your question, you should be able to sue for your investment and place a lien on the property (potentially a more effective way to go). Speak with a knowledgable local Attorney about how to make this happen.

1 Answer | Asked in Domestic Violence, Contracts and Landlord - Tenant for Illinois on
Q: Can my exgirlfriend use alleged evidence from over 1 year ago to get an order of protection and release her from a lease

My ex-girlfriend and I signed a lease in June. She moved out and is threatening to use certain evidence from over a year ago of domestic abuse to get an order of protection and get off the lease. She says the Center for Prevention of Abuse is going to help her. I don't know what to do. She has... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 5, 2016

There are a number of parts to your question but the short answer is that your girlfriend is entitled to seek the Order of Protection, and receiving such an order is a valid reason to be absent from the property and, presumably, not have to pay rent for a period of time, but that is not the same as... View More

2 Answers | Asked in Probate and Real Estate Law for Illinois on
Q: Boyfriend died. We never planned on marriage. Had a cohabitation agreement. How long do I have before I have to move?

My boyfriend moved me from WI while going through a messy divorce. He just passed away 8/12/1016. We had a cohabitation agreement. How long before the estate can kick me and my kids out?

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Sep 5, 2016

In short, the answer depends on the terms of your Cohabitation Agreement, as well as State and local laws relating to how much notice is required to evict a tenant (f that is even applicable in this case). As a baseline, generally an unwritten tenancy is deemed to be "at suffrage" and... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: How many years do I have to wait until I can file Bankruptcy again?
Mazyar M. Hedayat
Mazyar M. Hedayat
answered on May 31, 2011

The 2004 amendments to the U.S. Bankruptcy Code - collectively, the BAPCPA - were designed to make it more difficult for consumers to seek relief in bankruptcy. One way the BAPCA achieved its goal was by extending the minimum required period between bankruptcy discharges. It used to be that you had... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If a company owes you commission and they file Bankruptcy How do you collect or make a claim?
Mazyar M. Hedayat
Mazyar M. Hedayat
answered on May 31, 2011

To claim sums due from a Debtor in Bankruptcy: (1) Download a Claim Form from the website of the Bankruptcy Court; (2) Fill in the request information and attach proof of your claim such as a Judgment, Lien, or Invoice; and (3) File the Claim and attachments with the Clerk of the Bankruptcy Court.... View More

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