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Recent Blog Posts

Can I Avoid Foreclosure by Refinancing My Home?

 Posted on May 19, 2021 in Mortgage

North Chicago real estate attorney for home refinancingThere are many reasons why a family may struggle financially, especially since the onset of the COVID-19 pandemic in 2020. If you are having difficulty making mortgage payments, and you do not expect this to change in the near future, you will likely worry about your ability to keep your home. If you default on your mortgage by missing one or more payments, your lender may begin the foreclosure process. Fortunately, you have options, including seeking a new loan to refinance your home. It is best to take action as soon as possible, because once your lender initiates foreclosure proceedings, addressing these issues will become more complicated and costly.

Options for Refinancing

Refinancing differs from other types of loan modifications. When you refinance your home, you will be obtaining a loan that will pay off the balance on your current mortgage. Since this is a completely new loan, you will be required to pay closing costs and fees, and you will need to show that you have a steady income. You will most likely also need to own some equity in your home.

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Do I Need to Perform a Pest Inspection When Selling My Home?

 Posted on May 05, 2021 in Real Estate

Gurnee real estate attorney for pest inspectionsThere are many things that need to be considered when selling a home. Sellers will want to make sure all known defects have been repaired, and they may want to make improvements that are likely to increase the home’s value. They will also want to make sure their home is clean and well-organized to present a positive image to prospective buyers. However, there is one issue that sellers should also be aware of that is often overlooked: pests in the home. Understanding how to determine whether pests are present and what should be done to deal with them can help sellers avoid additional expenses and complications during the home closing process.

Pest Inspection Requirements

While sellers are not required to perform pest inspections prior to listing their home or accepting an offer, lenders will often require buyers to get a pest inspection to identify any concerns about termites, carpenter ants, or other issues that could affect the structural integrity of the home. If these types of pests are discovered after an offer has been accepted, the buyer may ask the seller to pay for treatment and repairs, or the buyer may even back out of the sale. To avoid these types of issues, sellers may want to perform a pest inspection before listing the home, and if pests are discovered, they can determine the best way to address this issue.

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What You Need to Know About Flooding When Buying a Home

 Posted on April 28, 2021 in Real Estate

Grayslake real estate attorneyIf you are planning to buy a home, you will need to consider a wide variety of issues that may affect your transaction. While you may be focused on obtaining financing and meeting all of your requirements before your home closing date, you should also take the time to determine whether there are any issues with your new home that you may need to consider. The potential for flooding is one issue that is often overlooked. By understanding your risks and the options available to you, you can take steps to prevent financial losses in the future.

Understanding Flooding Risks and Flood Insurance

Determining whether a home is at risk for flooding is not always an easy task. Some homes are located in high-risk flood zones identified by the Federal Emergency Management Agency (FEMA), but these zones are not always kept up to date. Even if a home is not located in a flood plain, flooding can still occur due to heavy rain or other weather conditions. Other issues unrelated to weather, such as clogged storm drains, water diverted by construction, or a broken or malfunctioning sump pump can also lead to flooding that may cause damage to a home.

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CFPB Proposes Extending Foreclosure Moratorium Until 2022

 Posted on April 22, 2021 in Foreclosure

Arlington heights foreclosure attorneyThe COVID-19 pandemic has caused financial difficulty for many families throughout the United States. Many businesses have been forced to close or scale back their operations, resulting in widespread job losses or reductions in work hours. Many people who are struggling to pay their regular expenses have defaulted on their mortgage payments, putting them at risk of losing their homes. Fortunately, federal and state governments have placed a moratorium on foreclosures, ensuring that families will not be forced out of their homes in addition to the other difficulties they are facing. While the current foreclosure moratorium lasts through June 30, 2021, the Consumer Financial Protection Bureau (CFPB) has proposed an extension of the moratorium through the end of the year.

Details of the CFPB’s Proposal

Based on an analysis of data by the CFPB, around three million homeowners in the United States are behind on their mortgage payments. While the foreclosure moratorium has allowed many of these homeowners to receive forbearance on mortgage payments, the CFPB estimates that this forbearance period will end for around 1.7 million homeowners in September of 2021. This could result in a massive wave of foreclosures that could cause millions of families to be displaced from their homes.

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4 Things You Should Do When Getting Ready to Sell Your Home

 Posted on April 15, 2021 in Real Estate

Lake County real estate attorneyIf you are preparing to move to a new home, you may be focused on meeting your requirements to obtain financing for a new home mortgage, packing up your belongings, and getting ready for your move. However, if you will also be selling your current home, you will want to make sure you can receive a good price while also avoiding any complications that could affect the sale.

Preparing Your Home For Sale

As you prepare to sell your home, taking the following steps will help you get the best return on your investment and ensure that you can complete the sale successfully:

  1. Clean and declutter the house - To make sure your house is appealing to potential buyers, you will want to do a deep clean. Make sure to mop floors, wash windows both inside and outside, wipe shelves and countertops, clear away cobwebs, fully clean all kitchen appliances, and remove trash from the garage. You will also want to remove as much of your belongings as possible and make sure the space throughout the home is clear and open so buyers can consider how they will be able to make the space their own.

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Updated: What Right Do I Have to Reinstate My Mortgage to Avoid Foreclosure?

 Posted on April 07, 2021 in Foreclosure

Libertyville foreclosure defense lawyersUPDATE: If you are considering reinstatement as an option for avoiding foreclosure, you will want to be sure to understand your rights, the deadlines that you will need to meet, and what other options may be available. The deadline for reinstating your loan is 90 days after you were served with a foreclosure notice. By this deadline, you will be required to make up the missed payments and pay other fees and expenses. In addition to late fees, you may need to pay other costs related to foreclosure proceedings, such as attorney's fees, recording fees, court costs, and the costs of a home inspection. You will need to request a quote from your lender for the total amount that must be paid to reinstate the loan. If you disagree with the amount provided in this quote, you can send a notice of error disputing the amount. Once you have met the requirements for reinstatement, the foreclosure case will be dismissed. It is important to note that after you have exercised your right to reinstatement, you will not be able to use this form of relief for five years after the date of the dismissal.

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How to Address Title Issues When Buying or Selling a Home

 Posted on March 26, 2021 in Real Estate

Libertyville residential real estate lawyerA residential real estate transaction can be very complicated, and both buyers and sellers will need to meet multiple different types of requirements to ensure that ownership of the property can be transferred on the closing date. In some cases, issues related to the home’s title may be uncovered, and these will need to be dealt with before the transaction can be completed. By working with an experienced real estate attorney, buyers and sellers can determine their best options for addressing these concerns.

Resolving Property Liens

A lien gives a person or organization the right to foreclose on a property if a debt is not paid. The most common liens are mortgages, and in these cases, lenders will release their claim to the property when the loan is paid off during the sale of the home. However, other types of liens may exist that may prevent the sale from being completed. These include:

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How Can I Avoid a Deficiency Judgment During the Foreclosure Process?

 Posted on March 18, 2021 in Foreclosure

Libertyville IL foreclosure defense attorneyWhen a family experiences financial difficulties, they may be unable to make mortgage payments, which may cause their lender to begin the process of foreclosure. While the possibility of losing a home can be hard enough for a family, in some cases, they may be required to make additional payments even after the foreclosure process is completed. If the sale of a home during foreclosure does not fully cover the amount owed on the mortgage, a lender may pursue a deficiency judgment against the borrower and attempt to collect the remaining amount. However, borrowers have a number of options that can help them avoid a deficiency judgment and additional financial obligations.

Options for Avoiding Deficiency Judgments

The best way to eliminate the possibility of a deficiency judgment is to stop the foreclosure process altogether. There are a variety of foreclosure defense strategies available, including negotiating mortgage loan modifications that will allow a borrower to become current on their mortgage and continue making payments. However, if foreclosure cannot be avoided, borrowers may have other options for avoiding further liability, including:

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How Can I Qualify for a Mortgage Loan Modification?

 Posted on March 04, 2021 in Loan Modification

Lake County loan modification attorneyAny family can experience financial difficulties that cause them to be unable to pay some or all of their ongoing expenses. Those who are struggling to make ends meet may face the possibility that they could default on their home mortgage, which could result in foreclosure. Fortunately, families in these situations have options, including applying for loan modifications that may reduce the amount of their payments and ensure that they can cover these and other regular costs. Homeowners will want to understand their options for modifying a mortgage loan and the steps they can take to ensure that these modifications will be approved by their lender.

Applying for Mortgage Modifications

There are multiple types of modifications that may be available to ensure that a homeowner can continue making mortgage payments. The loan’s interest rate may be lowered, or a loan may be converted from an adjustable-rate mortgage to one with a fixed interest rate. The term of the loan may be extended, allowing it to be paid off through lower payments over a longer period of time. In many cases, it is in a lender’s best interests to work with a borrower, since they will be likely to suffer financial losses if they need to foreclose on a home and place it up for sale.

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What Is the Process Followed During a Home Foreclosure?

 Posted on February 25, 2021 in Foreclosure

Libertyville IL foreclosure attorneyHomeowners who encounter financial difficulties can sometimes struggle to make mortgage payments. Unfortunately, if a person defaults on their mortgage, their lender may begin foreclosure proceedings, which could ultimately result in the loss of their home. Those who are having trouble meeting their financial obligations will want to understand the foreclosure process and the potential defense strategies that may be available.

Steps Followed in a Foreclosure

A homeowner will be considered to have defaulted on their mortgage if they fail to make payments on time or in full. After the first missed payment, a person may receive notification from their lender that they will be charged late fees, and after a second missed payment, the lender will usually advise the borrower that they may face legal action if they do not become current on their payments. After a third missed payment or delinquency of at least 90 days, the lender may contact the homeowner letting them know that they will be beginning foreclosure proceedings. This process will involve the following steps:

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