Legal Question in Real Estate Law in Illinois

I have a home with an ex partner and I want my name off of the loan. I have not lived there for three years and have repeatedly asked the other party to sell or refinance or have me refinance so we are not together on a loan. After many failed attempts i wrote a letter requesting her to sell, refinance or have me refinance and sent it certified so i had proof of this request and gave her a month to just respond to me. I got no response. I then filed a claim for partition to have this all done in court. I did not have an attorney nor did i no the proper and legal way for it to be written up. The courts said I could just write what i want and send it. I then recieved document from her attorney requesting a stay until her bankruptcy is cleared in october, and another document requesting dismissal due to the fact my documents were not written in legal format. I am not sure what her documents mean and am not sure where to go from here.


Asked on 4/20/10, 3:11 pm

3 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

You need to hire an attorney. If she filed bankruptcy, she no longer has the debt, just you. You may have to file bankruptcy, but there are other alternatives.

Call or email me if you have any questions

Joe Michelotti

[email protected]

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Answered on 4/25/10, 3:45 pm
Charles Dobra Charles Wm. Dobra, Ltd.

I would bet dollars to donuts that you received a Notice of Automatic Stay. You need an attorney. Some trenchant questions: 1. Did she file a 7 or 13? 2. Was you state court case dismissed? And that is just a start.

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Answered on 4/25/10, 3:57 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I agree with the other attorneys. You need an attorney and in fact should have hired one years ago, preferably before you had co-signed for the transaction. I do not mean to state the obvious as it pertains to you, but in the event that someone does a search for purchasing property with a friend, your question and these answers may come up and that person will perhaps hire counsel beforehand so as to avoid the pitfall that you have experienced. Good luck.

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Answered on 4/26/10, 6:05 am


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