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Bankruptcy and mortgage help for people and business in Illinois and Wisconsin sm

Bankruptcy is Bad….Unless You’re a Mortgage Servicer

Posted by Ryan Blay on May 14th, 2012 in Uncategorized

  Nobody comes to our office proud to be filing bankruptcy.  Bankruptcy to many people evokes shame, financial flaws, mistakes, and humiliation.  More than anyone, creditors have been driving these feelings to associate with bankruptcy so consumers will try everything …

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Does the “Show Me the Note” Defense Work to Stop a Foreclosure?

Posted by Ryan Blay on May 9th, 2012 in Foreclosure - Saving Your Home, Legal, Mortgage Foreclosure Defense

Something we have seen a lot lately at Lakelaw is a failure of banks and their attorneys to follow the rules during foreclosure lawsuits. A typical purchase of property requires that you sign a Mortgage instrument and Promissory Note with your bank. The …

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Why is it So Expensive to File a Bankruptcy?

Posted by Ryan Blay on May 8th, 2012 in Bankruptcy, Bankruptcy Information, Bankruptcy procedures, BAPCPA, Chapter 13, Chapter 7, Illinois, Wisconsin

Lawyers, especially bankruptcy lawyers, are very aware of what is happening with the economy and how the average joe lives.  We are much more in tune with the middle and lower classes than our wealthier congressmen.  So when we hear …

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Will Freddie Mac and Fannie Mae Help Slow the Foreclosure Crisis?

Posted by Ryan Blay on May 4th, 2012 in Alternatives to Bankruptcy, Real Estate

  Freddie Mac and Fannie Mae back over half of the nation’s mortgage loans.  Because they were exempted from the recent foreclosure settlement the Attorneys General reached with the biggest individual servicers (Chase, Bank of America, Wells Fargo, Citibank, and …

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I’ve Already Filed for Bankruptcy But I Need Financial Relief Again

Posted by Ryan Blay on May 3rd, 2012 in Uncategorized

  People routinely come into our office concerned about filing a bankruptcy because they have filed for bankruptcy in the past. If the filing was over 8 years ago, it’s not going to impact our options to help.  But  the …

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New Means Test Numbers In Effect

Posted by Ryan Blay on May 2nd, 2012 in Bankruptcy, Bankruptcy procedures, Chapter 13, Chapter 7, Illinois, Wisconsin

You may recall some previous blog entries about the “Means Test”, the math calculation that Congress forced the bankruptcy courts to use to help determine who belongs in Chapter 7 and who belongs in Chapter 13 – and how much …

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If I declare Chapter 7 bankruptcy, how long will it take me to get my finances back in order?

Posted by Ryan Blay on April 27th, 2012 in Bankruptcy, Bankruptcy Information, Chapter 7, Illinois, Life After Bankruptcy, Uncategorized, Wisconsin

  While each situation is different, it is possible for you to get back on your feet very quickly after a bankruptcy – maybe even as fast as a few months.  There are certain steps you should take while also …

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Why is My Bankruptcy Lawyer Asking Me So Many Questions?

Posted by Ryan Blay on April 25th, 2012 in Bankruptcy, Bankruptcy Information, Bankruptcy procedures, BAPCPA, Illinois, Legal, Wisconsin

  When we meet prospective clients for the first time, we try to make them feel welcome as guests of the firm.  After all, a lawyer-client relationship is built on trust and comfort.  The first meeting, which we offer free …

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Can I go to Jail for Not Paying a Debt?

Posted by Ryan Blay on April 16th, 2012 in Consumer Law, Debt Settlement, Illinois, Legal, Wisconsin

  Yes…well, sort of.  But you should never go to jail for a debt. When you don’t pay a debt for too long, it goes into “default”. In almost all contracts, once a default happens, the creditor has certain rights …

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Why is my mortgage lender suing itself for foreclosure?

Posted by Ryan Blay on April 11th, 2012 in Foreclosure - Saving Your Home, Illinois, Legal, Mortgage Foreclosure Defense, Mortgage Modifications, Wisconsin

It’s hard enough communicating with one mortgage servicer.  Anyone who has ever tried to get a loan modification, get approval for a short sale, or even deed the property back in exchange for avoiding foreclosure. Can you imagine having two …

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Can I Sue My Mortgage Lender or Servicer For Not Offering Me a Permanent Modification?

Posted by Ryan Blay on April 5th, 2012 in Foreclosure - Saving Your Home, Illinois, Legal, Mortgage Foreclosure Defense, Mortgage Modifications, Wisconsin

Well, to start, anyone can sue anyone.  That doesn’t mean you’ll win or collect.  But a new case from the 7th Circuit Court of Appeals (covering Wisconsin, Indiana and Illiinois) suggests that you may be able to. In this case, coming …

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Robosigning by Big Mortgage Servicers? Stop the Presses!

Posted by Ryan Blay on April 4th, 2012 in Foreclosure - Saving Your Home, Illinois, Mortgage Foreclosure Defense, Mortgage Modifications, Wisconsin

In what has come to be a weekly rite of passage, another big mortgage servicer is being investigated for its faulty servicing practices and “robo-signing”.  You probably heard about the Bank of America/Chase/Citigroup/Wells Fargo/GMAC (Ally) settlement from the attorneys general …

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What is the Means Test?

Posted by Ryan Blay on April 3rd, 2012 in Bankruptcy, BAPCPA, Chapter 13, Chapter 7, Illinois, Wisconsin

Many people come in to our office fearing the dreaded means test. They want to file bankruptcy but are worried that this means test will not let them file a Chapter 7 bankruptcy, or that they will have to pay …

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Wisconsin Bankruptcy Filings for 2012

Posted by Ryan Blay on March 9th, 2012 in Bankruptcy, Chapter 13, Chapter 7, Wisconsin

The local bankruptcy courts all keep statistics for the number of bankruptcies filed in a given month and year. Through February, the Eastern District of Wisconsin (covering Milwaukee, Kenosha, Green Bay, and most of the surrounding areas) has already seen …

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Where Did Our Mortgage Settlement Money Go?

Posted by Ryan Blay on February 10th, 2012 in Foreclosure - Saving Your Home, Mortgage Foreclosure Defense, Mortgage Modifications, Wisconsin

As of now, there has been no news from Illinois about the mortgage foreclosure settlement and how funds would be distributed. However, Wisconsin’s Governor, Scott Walker, and the attorney general, J.B. Van Hollen, have announced that $25.6 million of the …

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What Is the National Mortgage Settlement?

Posted by Ryan Blay on February 9th, 2012 in Foreclosure - Saving Your Home, Illinois, Mortgage Foreclosure Defense, Mortgage Modifications, Wisconsin

Today a national mortgage settlement was announced with five of the country’s biggest servicers: Ally (GMAC), Bank of America, Citi, Chase and Wells Fargo. A website was even created to answer some of the most basic questions – and direct …

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A Warm Thanks to Our Clients and Colleagues For the Holidays

Posted by Ryan Blay on December 21st, 2011 in Uncategorized

Dear Friends: Lakelaw wishes to extend our sincerest thanks this Holiday season to the colleagues, clients, staff, and administrators who make our jobs so rewarding. So often we hear complaints – about sloppy attorneys, rude judges, untrustworthy clients – and …

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Saving Your Home Through Bankruptcy

Posted by Ryan Blay on December 19th, 2011 in Bankruptcy Information, Chapter 13, Foreclosure - Saving Your Home, Illinois, Mortgage Foreclosure Defense, Mortgage Modifications, Uncategorized, Wisconsin

While each bankruptcy case is different we attorneys at Lakelaw see a common theme among many bankruptcy filers: the threat of losing a home in foreclosure. This post tries to explain some of the options debtors have when facing foreclosure. …

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