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Lake County loan modification lawyersAre you behind on your mortgage? If so, are you getting to the point where you are worried about the possibility of foreclosure? When you are behind on your mortgage payments, things can spiral out of your control very quickly. It is important to realize, however, that you may have options that could allow you to keep your home and to get back in good standing with your lender. One of these options is a loan modification, and a skilled Lake County lawyer can help you apply.

Your Loan Will Not Be Modified If You Do Not Apply

A loan modification, put simply, is an amendment to the terms of your loan so that you can get caught up and back on track with your mortgage. There are different types of modifications available, such as an extension of the loan’s term to reduce monthly payments, interest rate adjustment, and the capitalization of your missed payments. While each type of loan modification is different, they have one thing in common: you cannot get a modification unless you apply for one.

Unfortunately, getting your modification application complete and in front of decision-makers at your lender is not always easy. The individuals who answer the phone when you call are not always clear about what your application package needs to include or whether they have received everything you sent them. The key to resolving the situation is getting the application requirements in writing, sending your application package to your lender—using mail, fax, and email, if necessary—and following up to ensure it is received.


Lake County construction defects attorneyFew things are more frustrating than finding that your home was built with some type of defect. These defects may not be discovered for many years down—long after explicit warranties have expired. In most cases, even your homeowners insurance will not help you recoup the costs to fix the construction defect.

Your Insurance Might Not Cover You for Construction Defects

The typical homeowners insurance policy is intended to protect homeowners from specifics types of losses. Such a policy will generally cover the structure of the home, as well as other buildings on the owner’s property, such as a detached garage or tool shed. The policy will also usually cover replacement costs for personal property that is stolen or destroyed by a covered risk, such as a fire. Most homeowners policies also include a level of liability protection in the event that another person is injured while visiting the property.

However, homeowners insurance usually does not cover construction defects or poor workmanship. In fact, most policies contain language that specifically excludes any type of “faulty workmanship.” This leaves many owners of defective homes unable to collect from their insurance for the defects. Sometimes, their only option is to sue the general contractor or subcontractor.


Libertyville foreclosure defense lawyersFalling behind on your mortgage payments can lead to serious trouble. If you are far enough behind that you are in default, the lender could initiate foreclosure and eventually seize your home. During the foreclosure process, however, you as the borrower have certain rights, even though you are in default on your loan. One of these rights is the right to negotiate a reinstatement of your mortgage, which will stop the foreclosure proceedings.

Initiating Foreclosure

A single missed mortgage payment is probably not going to be a serious problem. Your lender will more than likely work with you to get your missed payment caught up, even if it means paying a little extra on each of the next few payments. Likewise, two missed payments can usually be taken care of in a similar manner. Once you reach a third missed payment, however, and venture into the period of 60 to 120 days late, your lender is likely to notify you that your mortgage is in default. The lender will also send you a notice of intent to foreclose.

After you have passed the point of being 120 days late, you will probably be served with a summons and a copy of the civil complaint indicating that your lender has initiated foreclosure proceedings. In most cases, you will be served personally, but avoiding process servers or sheriff’s deputies will not stop the case from moving forward. If you cannot be served in person, your lender can file a public notice in the newspaper to serves as your formal notice. Once you have been notified, you have 30 days to respond. You also have 90 days during which you have the right to reinstate your loan.


Lake County real estate attorneyIf you are the owner of property that you lease to commercial tenants, you will almost certainly have to deal with lessees who fail to pay their rent on time. While you might offer grace periods or other ways to help your tenants, eventually, one or more of your tenants will probably reach a point where you start to wonder if they have stopped paying altogether. As a commercial landlord, there are a few things to consider and certain steps that you must take before you can begin the process of evicting a commercial tenant.

Reach Out and Talk

As with any human interaction, commercial leasing issues can often be resolved through open and honest communication. Maintaining open communication can catch small issues before they grow into major problems. If your tenant’s payment for the month is late, consider reaching out to find out what is happening. You could make a quick phone call, stop by the business, or even send a friendly text message asking if everything is ok, especially if your tenant has never had trouble paying on time before.

In your communication, ask if your renter’s financial situation has changed substantially. If your tenant has legitimate concerns about being able to afford the obligations of the lease, you might consider offering a modification to the agreement. Depending on the circumstances, you might even offer to let your tenant out of the lease. If you go this route, make it clear that your tenant only has a few days to consider your offer. You could be surprised at how fast he or she finds rent money.


Grayslake Real Estate AttorneysIf you are a homeowner, there is a good chance that you bought your home with a mortgage loan and that you make payments on your mortgage every month. If you are a renter, you make rental payments each month, but instead of making payments to a bank or lending institution, your rent goes directly to your landlord. Presumably, your landlord is using your payments to make payments of his or her own on the mortgage for the property in which you live.

You are most likely aware that failing to make your mortgage payments on a home that you own could result in foreclosure, with the bank seizing your home. Similarly, you know that failing to make your rental payments could result in eviction, with the landlord taking possession of his or her property. So, what happens when you make your rental payments each month but your landlord does not make his or her mortgage payments?

Continue to Make Payments

While it might be concerning to live in a building that is being foreclosed on, Illinois and federal statues provide protection for renters in such a situation. It is unlikely that your landlord will be forthcoming about his or her finances, so by the time you discover that he or she is facing foreclosure, the process could be well underway. Once you learn about the situation, however, your best options will probably be to continue making your rental payments in accordance with your lease.

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