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Recent Blog Posts
Beware of Common Foreclosure Scams and Fraud
If you are behind on your mortgage and in danger of losing your home to foreclosure, it is understandable that you might be confused, overwhelmed, and uncertain about how to proceed. Unfortunately, there are many unscrupulous individuals who are more than happy to take advantage of you in the midst of your vulnerability. A qualified foreclosure defense lawyer can help you identify and avoid potential foreclosure scams before things get even worse for you and your family.
Companies That Come to You
When a person or company contacts you about your pending foreclosure, it means that they have something to sell you. Scammers keep up to date on foreclosure listings and reach out to desperate homeowners who are simply looking for any help they can find. Aggressive marketing and sales calls are often indicators that someone is trying to make quick money—possibly at your expense.
Avoid These Common Mistakes When Looking for Your Next Home
The idea of buying a new home is exciting to many people, but it can also be very intimidating. The fun parts include reviewing listings, thinking about the amenities you want in a new home, and possibly even kicking around ideas for interior decorating. Of course, the financial part of the equation is often where the challenges arise, and it can be confusing to deal with all of the legalese and real estate jargon that you might be hearing. For reasons such as these, it is important to work closely with a knowledgeable real estate attorney who can help you avoid some of the most common home-buying mistakes.
Mistake #1: Moving Before You Are Ready
Many would-be homebuyers get so excited about the possibility of owning a home that they overlook the importance of being truly ready to settle down. While most people prefer the idea of building equity in a home instead of paying rent, many experts recommend renting for a while when moving to a new city or state. Once you sign on to buy a home, you could be stuck in it, even if you decide you do not like the area. Get settled and comfortable in the new town first, then you can begin looking for that place of your own.
Four Reasons to Work With a Real Estate Lawyer When You are Buying a Home
If you are looking to buy your first home, you are probably excited about taking a big step toward achieving the so-called “American Dream.” Whether or not you buy into such an idea, the reality is that your home will likely be the largest investment you have ever made. There is a good chance that the same is true if you are a current homeowner looking to buy your next home.
Many homebuyers—including some who have been through the process before—often do not realize how many steps are involved and just how complicated each step can be. Along the way, you will need to account for many different variables and be wary of potential pitfalls.
A Real Estate Agent Is Often Not Enough
As you started the process of looking for a home, you may have enlisted the help of a real estate agent or broker. You might have contacted a particular agent based on a specific listing, or maybe you chose the agent first to help you find a suitable property. It is important to keep in mind that your agent, while certainly helpful, is just one piece of a larger puzzle. You should also consider working closely with an experienced real estate attorney for several reasons:
Understanding Judicial Foreclosures in Illinois
Most people are familiar with at least the basic idea of foreclosure. They know that if a homeowner falls behind far enough on his or her mortgage payments, the proverbial “bank” will eventually take the home. Far fewer people, however, understand the reality that foreclosure is a fairly involved process and that, according to Illinois law, the process must be handled through the court system. As such, all foreclosures in the state of Illinois are considered judicial foreclosures.
Non-Judicial Foreclosures in Other States
Illinois is one of 16 states in which the law requires court participation in the foreclosure process. Five others generally use judicial foreclosures as a matter of custom or convenience. In the remaining 29 states, non-judicial foreclosure is the method of choice, either as an available option or because judicial foreclosure is prohibited by law.
Understanding a Short Sale in Illinois
Over the last several years, the nation’s economy has shown steady signs of improvement, but there is still a long way to go in many areas. When people go through tough financial times, some may find it necessary to sell what they own for far less than those assets are worth. In some cases, even applies to residential real estate in some cases. When a property is sold for a price that is less than the amount remaining on the mortgage, the transaction is known as a short sale.
Four Requirements for a Short Sale
A short sale is often a complex undertaking for several reasons. First, selling a house is almost always complicated. Next, since the sale price in a short sale is less than what the owner owes on his or her mortgage, the remaining amount of the loan must be taken into account. Finally, a short sale can only work if each party involved is on the same page regarding the transaction. The most difficult part of the process is often convincing the lender to allow the sale.
Why You Need a Real Estate Attorney When Buying or Selling a Home
Purchasing a new home is an exciting endeavor that represents the beginning of a new chapter in the lives of both the buyer and seller. However, in any major transaction, there are dangers present. Sometimes, the seller of a home is not entirely forthcoming regarding the defects present in the home. At other times, the buyer of a home might wrongfully claim that the house sold to them was defective. The risk of fraud or meritless claims is often a significant reason why some families avoid entering the home buying or selling process at all. Thankfully, Illinois state laws and court rulings provide clear guidelines on how to resolve these situations.
The Illinois Real Estate Disclosure Act
Under the Illinois Real Estate Disclosure Act (765 ILCS 77), the seller of residential property has to fill out the Residential Real Property Disclosure form and provide it to any potential buyer. On this form, the seller is required to list any material defects with the property. This is to encourage honesty during price negotiations and ensures that the house is sold at an appropriate price. If the seller knowingly fails to list any defect with the house, this is considered fraud. Section 55 of the statute specifies that if fraud occurs, the seller “shall be liable in the amount of actual damages and court costs, and the court may award reasonable attorney fees incurred by the prevailing party.”
Wells Fargo Reaches $13.8 Million Settlement After Loan Modification Errors
After a software error that occurred in Wells Fargo's system sometime between April 2010 and October 2015, a settlement has finally been reached between the company and some 6,000 mortgage holders who were impacted by the error. The software error caused customers to be incorrectly denied modifications on their loans and repayment plans when they actually should have qualified. In several cases, foreclosure proceedings began after the denials.
The Beginning Issue
Wells Fargo originally stated that less than 1,000 customers were affected by the software error; however, a group of the affected borrowers filed suit against the company in June of 2017 for soliciting Chapter 13 debtors for what Wells Fargo called pre-approved “trial” modifications to their existing mortgage loans. The company also used the terms “no-application modifications.”
What Do I Need to Know to Create a Will in Illinois?
A will is often a difficult subject to discuss. In addition to the strong emotions involved when talking about death, discussions surrounding who will inherit what items or assets can cause division among family members. You want your family to be secure and happy, especially while you are still with them. However, you will not always be with them, so it is essential to set clear guidelines for how your assets will be distributed to your beneficiaries, who will be the guardian of your minor children, and how your last wishes should be carried out.
Requirements for an Illinois Will
Under Illinois law, any emancipated minor or adult who is at least 18 years old can make a last will and testament. A person must be of sound mind and memory to do so. For the will to be valid, three requirements must be met:
- The will must be in written form, and it may be handwritten, typed, or printed out. Illinois state law does not allow for oral wills.
Wells Fargo Software Denied Loan Modification to Qualified Borrowers
Wells Fargo used to be a shining example of how a big bank should be run, but now they can not seem to stay out of the news for all the things they have done wrong. They recently revealed an error in their mortgage underwriting software that resulted in hundreds of denied mortgage modifications for borrowers who were facing foreclosure. The error affected some mortgages that were foreclosed on between April 2010 and October 2015. The error created a miscalculation of attorney fees that were used to determine if a borrower qualified for loan modification.
The error resulted in some 625 customers being denied modification and out of those customers, some 400 of them were foreclosed on after being denied. Wells Fargo has set aside $8 million to use as remediation for the customers who were affected by the error. While this may seem like a lot, it only equals out to $12,800 per customer, hardly adequate compensation for losing a home.
If You are Considering a Loan Modification, Make Sure You are Qualified for One
When a homeowner is facing foreclosure, getting a loan modification can be an attractive alternative to filing for bankruptcy or facing the foreclosure process. If you are considering modifying your mortgage loan, understand that it is not a simple process. You will need to demonstrate that you are qualified to have your loan altered this way and if you do receive a modification, you will need to comply with its terms. Before agreeing to any modification to your current mortgage, speak with an experienced loan modification lawyer about your options, your rights, and potential risks associated with this action.
Are You Underwater or at Risk of Default?
Typically, you need to show that you are either underwater on your mortgage, which means you have a mortgage balance higher than the home's actual market value, or that you are at risk of defaulting on the mortgage in order to qualify for a loan modification. You can do either of these by submitting the related paperwork to your loan servicer, which can be a copy of your mortgage statement, pay stubs, and documentation showing your current financial hardship.
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