Chang Carlin Legal Blog

What Does A Homeowner Do If The Mobile Home Park They Live In Forecloses?

Sunday, July 24, 2011

Mobile home parks offer a nice, affordable place for people to live without the aggravations that go along with apartment life. There is no one living above or below you and you might even have your own yard depending on the layout of the park.

But for residents of Sunset Village in Glenview Illinois their mobile home life is in jeopardy and they may not have ever missed a mortgage payment. The way mobile home parks are set us is that you buy or rent a mobile home and then you pay a monthly rent for the land on which your home is sitting. For the residents of Sunset Village, the owner of the park is going in foreclosure in Chicago. This means that all the mobile home owners may have to find somewhere else to move their homes to.

Unfortunately this is easier said than done. It can cost $10k to move a mobile home and there are no other mobile home parks in the Glenview area which means that the proximity of children to their schools and adults to their jobs may be too far if they moved to another park. For some the only solution would be to find an apartment to rent in Glenview but if they have a mortgage on a mobile home they will still be responsible for it even if they are unable to live there.

That means monthly mortgage and rent payments which could be more than some people can afford. It doesn't take long when you're over extended financially to need to file for bankruptcy in Chicago. Those filing chapter 7 in Chicago could potentially lose their homes and cars before being discharged of their debt.

For the residents of Sunset Village it would be a shame if they were forced to file bankruptcy all because the owner of their mobile home park foreclosed on the land. They can hope that if the property is auctioned off an investor will buy it and keep it a mobile home park but according to a report in the Chicago Tribune the park needs a lot of work to the water system and the roads. This may make it less desirable to investors.

Speaking to a bankruptcy attorney in Schaumburg Illinois or in Chicago is something the residents of Sunset Village may want to do immediately.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Have You Been Threatened By a Debt Collector? A Chicago Bankruptcy Attorney Can Tell You If These Threats Are Legal

Tuesday, May 10, 2011

As a Chicago bankruptcy attorney, I hear complaints about debt collectors on a regular basis from my clients. And while some debt collectors are allowed to contact you, many use illegal tactics in doing so, and you may be able to collect money due to their illegal actions according to the Fair Debt Collection Practices Act.

If a debt collector (someone from a collection agency to whom your debt was sold and not the original creditor such as Chase or Citibank themselves) is contacting you by phone, he cannot call you before 8 am or after 9 pm. Even when calling within these hours, a persistent debt collector cannot harass you or use vulgar language towards you, which includes insulting your character or using religious or ethnic slurs.

In addition, if you have a Chicago bankruptcy attorney and you have told the collector this on a previous call, the collector has to call your attorney instead of you. They also cannot threaten to sue you if they have no intention to do so, and in most circumstances they cannot threaten to have you arrested for the debt.

Many times, very aggressive collection agencies will try to circumvent the law in order to get you to pay up and if they do this, you should contact an attorney to get you the compensation that you deserve for having to put up with their abuse emotionally. While the debt will still have to get paid, this may alleviate some financial burden and it may even help pay the debt off. This is especially true if you do not owe the debt as many “collection agencies” are actually scams in themselves.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Chapter 13 Bankruptcy in Chicago Requires Organization

Tuesday, March 22, 2011

Unfortunately you can't just hire a Chicago bankruptcy lawyer when debt becomes more than you can manage and then just sit back and let them do all the work. Yes, hiring a lawyer relieves you of all the complicated paperwork and legal requirements of filing bankruptcy but there is still plenty for you to do.

Your job during a chapter 13 bankruptcy case in Chicago is in the preparation. You need to organize all the information and debt details your attorney needs. Here is a basic list of what you want on hand for your Chicago bankruptcy lawyer.

  1. Personal information like the social security numbers of you and your spouse as well as recent addresses.
  2. Proof of income is needed for a minimum of the past 6 months. This includes pay stubs as well as bank statements.
  3. All asset information like mortgages or property titles.
  4. Bill details for every creditor. Copies of the bills are best because you'll need contact information for the creditors.
  5. Investment details like retirement accounts, insurance policies, and investments like CD's, bonds and stocks.
  6. Assets sale details including property sales or transfers for the past year.
  7. Legal details like past bankruptcy filings or any lawsuits against you will be needed.

The more organized you can be with the necessary documentation the more smoothly your bankruptcy filing will go. You may even save money on legal fees by helping your Chicago bankruptcy lawyer work more efficiently.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Considering Filing Bankruptcy Without a Qualified Chicago Bankruptcy Attorney? Think Again

Friday, February 25, 2011

Life is full of decisions. When people are suffering financially they will probably seek out every possible option before admitting defeat and succumbing to filing bankruptcy.

If you file chapter 7 or chapter 13 bankruptcy the cost of court fees combined with legal fees will probably fall somewhere between $2,000 and $4,000. Chapter 7 filers will pay in the lower range while chapter 13 filers will pay more.

It is not surprising that some may consider cutting out the attorney fees included in this cost. Filing for bankruptcy means you can't pay your bills, how can you pay thousands in legal fees to declare bankruptcy?

Sure, people have started doing their own taxes rather than hiring an accountant and that goes smoothly for some but a serious legal matter like bankruptcy is very different.

It is also important to remember what you are gaining when you file bankruptcy. You are being saved from paying back a significant amount of debt that you have accrued. The cost of a qualified bankruptcy attorney is nothing compared to the fresh start that bankruptcy brings. The services of a Chicago bankruptcy attorney are invaluable. Here are just a few of the things they handle in your bankruptcy case:

  1. Determine if you qualify for bankruptcy and administer a 'means' test
  2. Help you explore other options if there is a chance you don't have to file bankruptcy
  3. Organize and prepare all the bankruptcy paperwork
  4. Act as your legal representative

Ultimately a bankruptcy attorney will make sure that the process flows smoothly. When you file for bankruptcy the last thing you want to do is delay the process. Hiring an attorney will help things be well organized and move quickly.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Could My Chicago Bankruptcy Attorney Be Taking Advantage Of Me?

Sunday, February 20, 2011

Trust is an important component in any relationship. But when your home, car and financial reputation are in someone else's hands, you want to be sure they are working with your best intentions in mind. Unfortunately there are some Chicago bankruptcy attorneys that may take you as a client and suggest bankruptcy even if it isn't the best decision for you.

When you first speak with an attorney you are interested in working with, they should invite you to meet with them for a free consultation. This gives you the opportunity to get to know the attorney better and it gives them a chance to learn about your situation and determine if they think they can help or not.

It is possible that someone who cannot pay their bills is not a good candidate for either chapter 7 or chapter 13 bankruptcy. Chapter 7 bankruptcy is sometimes referred to as "liquidation" because all assets that you currently have are taken and sold for cash which is used to pay your debts and expenses. Chapter 13 bankruptcy incorporates a payment plan that entitles debtors to keep their assets upon completing the payments. Steady income is a requirement for chapter 13 bankruptcy.

It seems logical that anyone suffering and unable to pay their bills should be able to determine the best form of bankruptcy for them and then file for it. This is true if you meet the requirements however someone can qualify for bankruptcy but not benefit from it.

Regardless of chapter 7 vs. chapter 13 there are some debts that cannot be discharged through bankruptcy. This means you can file bankruptcy and be cleared of all debt but any debts falling into these categories will still be your responsibility.

  1. Child or spousal support
  2. Student loans
  3. Back taxes owed

If your debt is made up primarily of student loans and a tax debt owed to the government and a small amount of credit card debt then bankruptcy is not meant for you. The only debt you would be discharged of is the credit card debt and it is likely that won't be enough to stop you from struggling financially.

Any Chicago bankruptcy attorney who suggests that you should file in a situation similar too this clearly does not have your best interests in mind.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Buying Land? A Real Estate Attorney Can Help You Navigate the Process

Friday, February 18, 2011

There are many reasons to work with a real estate atthttp://www.changandcarlin.com/real-estate-legal-servicesorney during any real estate transaction. However when you are planning to buy land to develop you do not want to run into a legal situation without the support of an attorney.

The process of buying land is fairly simple. Find a lot you like in a location you like and make an offer. Negotiating price will be handled between you and your real estate agent but before you make an offer you'll probably want to make sure that all aspects of your building plan are in order.

Many cities and towns have laws and regulations about developing land. There may be restrictions on the size of the structure; it's proximity to the road and the houses around it. Additionally some land may have environmental restrictions that will effect the type of structure that can be built on the land and where. There will be further guidelines that have to be met depending on the zoning of the land and if it's use will be for commercial or residential purposes.

People will often make the assumption that any restrictions on the land will be disclosed by the seller during the real estate transaction. This is only the case if the seller is aware of them. There may be issues with the land that no one is aware of yet, that you want to know before buying.

Speaking directly to town officials and land surveyors will help answer questions about the land. However the ultimate protection comes when you hire a real estate attorney. Your attorney will make sure there are no liens on the land and help you determine any restrictions for building there.

It would be very disappointing to buy a piece of land only to find out that you cannot use it as originally planned. Doing your research ahead of time and hiring a real estate attorney are the best forms of protection when it comes to buying land.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Contact Your Mortgage Lender Before Defaulting On Your Loan

Thursday, December 16, 2010

When money becomes tight people will often try to find solutions for the payments that they cannot make. A common solution is to pay a portion of the monthly payment owed.

In many cases you can send a partial payment and keep your services up to date. For example a cable or electric bill will allow you to get a certain amount behind in your billing before threatening to disconnect. Many also welcome you to make weekly payments if that's more convenient for you.

This will not be accepted by a mortgage company. It is commonly thought that if your mortgage is $1,500 and you only have $1,000 to send it will be better than sending nothing. If a lender receives partial payment for a home loan they will often send it right back to you. This is because anything except a full mortgage payment is considered delinquent.

Once you missed enough payments for your lender to mark you as defaulted on your mortgage they are likely to start the foreclosure process.

If you find yourself on a tight budget don't try to rewrite the terms of your mortgage alone. Contact a real estate attorney to help you work with the mortgage lender. Your mortgage lender will probably be willing to adjust the terms of your loan in order to keep your mortgage current rather then foreclosing.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

What Will a Chicago Real Estate Attorney Do For Me?

Thursday, November 25, 2010

Hiring a real estate attorney is a very important step in the real estate process. Many people are unclear about what services this attorney will provide them. Here is a list of the role fulfilled by your Chicago real estate attorney:

  1. Review all contracts prepared for the home sale before you sign on the dotted line.
  2. Research the history of the property's title. Ensuring there are no liens against the property and that the title is clear.
  3. Monitor all transactions and protect you in the event that a complication should arise such as one party pulling out of the contract or navigating multiple offers on the same property.
  4. Review loan documents to make sure there are no confusing complications.

Enlisting the services of a skilled real estate attorney will not only make the home buying or selling process go smoothly but they will also be able to help you prevent foreclosure in the future.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

The Downside to Filing Chapter 13 Bankruptcy in Chicago

Monday, November 22, 2010

Many people believe that chapter 13 is the best type of bankruptcy filing because most people can keep their assets after filing. This is a favorable feature of chapter 13 however it has its negative aspects as well.

  1. Credit Score Decrease - You may still have your assets but your credit score will be destroyed. Chapter 13 bankruptcy stays on your credit report for 10 years and it will take 3-4 years until you've built your score back up.
  2. Breaking Your Agreement Ends Your Protection From Creditors - When you file for chapter 13 bankruptcy you agree to keep to a payment plan agreed upon in court. These payments go against your debt and as long as you make them your creditors cannot cancel your services, foreclose your home or reposess your property. In the event that you stop making those payments your assets become at risk again.
  3. Not All Debts Will Be Discharged - After you've completed the agreed upon payment plan toward your debt you will be discharged of the remainder. However some debt such as child support, spousal support, student loans and tax debt. You will still be responsible for paying those debts.
  4. Bankruptcy is Public Record - When you file for bankruptcy it becomes public knowledge. Many people feel ashamed that others may see their financial troubles so publically.
  5. When deciding if chapter 13 is the right form of bankruptcy for you it is wise to discuss your options with a qualified Chicago bankruptcy attorney.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

Loan Modification Can Save Chicago Residents From Foreclosure

Tuesday, November 16, 2010

When you are faced with the possibility of foreclosing on your Chicago home you may feel helpless and alone. This is a very overwhelming time however with a little help from a foreclosure attorney you may be able to save your house.

Anyone who is at risk of foreclosure but has always had a great record for paying on time, a decent credit score and maintains a steady job could have another option.

Loan modification may save your home. To try and modify your loan you should have your attorney reach out to your mortgage lender and discuss the option of adjusting the terms of your loan or your interest rate. If you've been a solid customer until recently and seem able to make modified payments then they are likely to agree.

If they adjust your loan or lower your rate your monthly payment will decrease making it more manageable to pay. Loan modification is still in the best interest of the mortgage company because if you do foreclose they stand to get far less from the sale than they would by lowering your payments and keeping your loan.

Discuss the possibility of loan modification with your attorney. It could be a great fit for you and thus allow you and your family to avoid foreclosing on your home.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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