All Forum Posts by: Clint Votruba

Is there a name of an attorney on the summons?

Have you tried to call the water department?

Is the Saturday court hearing online or must you physically attend?

Were you served by someone or did the notice come in the mail?

Assuming you want to avoid paying an attorney, you should be able to handle this on your own IF you don't want to challenge the amount of the water bill etc.

You could call the water department about how to pay it off in full.

You could call the City attorney who is on the summons and ask if you can pay this off before the hearing.

It's possible that your Alderman can give you some insight about how to deal with this quickly.

IF you attend the hearing, try to meet with the city attorney with a check in hand before the hearing begins and you might be able to have the case against you dismissed without having to answer/testify.

I wouldn't argue that you didn't receive water bill as everyone knows that you have to pay your water eventually.

I don't know what court you are going to but it may just be an initial hearing where you answer the complaint.

Good luck.

Chicagoland attorney here.

It has been my experience in my State that the Buyer (you) at an HOA foreclosure is at risk of the previous owner redeeming/ challenging the foreclosure.

However, if the Buyer at an HOA foreclosure (you) sells to a third party thereafter, that is when the title company(s) will give clear title to the new owner (your Buyer) on the grounds that the sale of the house, after the sheriff's sale/HOA foreclosure, would end the previous owner's right of redemption.

Discuss this with the title company(s) you talked to.

You stated:  

"I don't understand how a title company can be held responsible for anything that happens after the policy,..."

The title company is not responsible to anyone but you IF they gave YOU title insurance against the risk that the previous owner would challenge/redeem AND THE IF previous owner did redeem or challenge in court, the title company would have to pay or defend you in court.  

Why would they take that risk?   

I believe in my State, that risk to the title company would end after you sell it to a third party purchaser.

Good luck.

Final comment:

State statutes and case/court law will determine how you should run your business to avoid having a plaintiff pierce your corporate veil.

Therefore, you should meet with a corporate attorney who will give you guidance on how you should run the company and conduct yourself as a corporate officer.

Good luck.

Yes running your real estate investment/management company as an LLC or Corporation can/should protect your personal asset.

However, here is a common way that the person suing your LLC/corporation can "pierce the corporate veil."

IF the plaintiff can convince the Court that 

a.  you have comingled your funds/daily activities of your company with your personal life to such an extent that they are one in the same / you can't tell where one begins and the other ends

AND 

b.  you don't conduct your business as an actual company such as annual corporate meetings with agendas, reports from officers, minutes at meetings, lots of ways that you follow a set of activities/actions that corporations take on a daily  basis,

THEN

the Court can find that you are actually just using the LLC/Corporation as a way to protect assets and you are not actually acting as a corporation

THEREFORE

the Court will conclude that your "company" is actually you as an individual and the Plaintiff can sue and have access to your personal assets if they win the case and obtain a judgment against your or your LLC/Corporation.

Seriously, this is a major problem for people who are sued after they create an LLC or Corporation.

Good luck.   

Fast story, one of many as a FSBO Seller

I would get calls where the caller would say they were interested in the house and asked lots of questions and then I realized the caller was an Agent looking to sign me up.

I learned very fast to ask the following question at the start of the call "Are you a real estate agent?"

"The house is in a trust. The exhibit A lists the two owners and the trust as owners."

Assuming you mean there is only one (1) title owner and that is the trust

and

Assuming you mean the two owners are the Grantors/Trustees,

I would name the Sellers on the Contract as "John Smith and Mary Smith, Trustees of the John and Mary Smith Trust" which is the same way I would call/name the Grantors on the Trustee's Deed.

You could say the Grantors are the "owners" but the Trustees control the trust and have the power to commit the trust to contracts etc.

Good luck.

Yes I think it is difficult to sell as a FSBO. Lots to know and learn and so much you don't know when you are approached or blindsided by dishonest people/investors.

Biggest issue for a FSBO Seller is pricing your home correctly. There are Realtor/Agents who will give you a free market analysis on the grounds that they think you will eventually hire them.

IF you decide to sell FSBO, you should/must hire an attorney who represents FSBO Sellers and can assist you all the way through the process.

I have a  “For Sale by Owner” Checklist – “Dos and Don’ts” that you may find helpful.

I don't know the rules here about linking to it but if you want to/can message me, I can send it to you.

Good luck.

I found a link for the State of Pennsylvania Insurance Department here File a Complaint (pa.gov)

When filing the Complaint, try not to use terms like "incompetent" or "liars" etc.

Just give them the facts and stress that failing to put you into title etc. was not right

and

tell them you want to know why this happened and tell them you want the department to make sure it doesn't happen again.

Good luck. 

In Illinois you can't sell your home without the involvement of an attorney.

If, in Pennsylvania, the Buyer chooses the title company (in Illinois, Seller chooses), then that would be one more reason why you should hire an attorney who will work as your personal Agent.

I agree with Jason Hopkins in that you could/should take your Agent's referral but if your Agent tells you that you don't need an attorney to sell your home, google local attorneys to find one.

Good luck.  

Congratulations.  I'm glad the Seller decided to do the "right thing" and fulfill his contractual obligations to you.

I tell my Clients that if you act in good faith and keep your word, you should expect the other Party to do the same.

Good luck.