There has been no area of law that has been changed as has divorce law in Illinois. The Law Offices of June, Prodehl, Renzi & Lynch, LLC are well versed in these matters. We can use our expertise for you! At the initial consultation we will provide you with an overview as to how these various changes may impact your situation. For example, there is no longer a need for grounds to end a marriage. Parenting is no longer simply a paragraph or two in a Divorce Decree. A separate parenting order is required.
Child Support
All aspects of family law—from adoption through divorce, child support, and custody—are difficult enough on an emotional level without the added burden of uncertainties and difficulties with the legal aspects. We make it our job to...
Child Custody and Visitation
Adoption
Paternity
Guardianship
Guardianship is the court process in which a court determines that that an individual is disabled to some degree and needs assistance. The disabled person is often referred to as a “ward”. Guardianship is strictly a legal proceeding and can not be completed outside of a courtroom.
Legal Separation
The bottom line: If you are thinking about obtaining a divorce or legal separation, an appointment discussing your legal rights and obligations is needed.
Legal Disclaimer – These materials and information are not intended to constitute legal advice nor are they a substitute for legal representation. The materials provided through the website of JPRL LLC are strictly for informational purposes regarding the real estate transactions in the State of Illinois. You should be sure to consult with an attorney regarding the legal implications of your specific situation as well as any unique variations in terms or procedures for the Illinois County in which the real estate is located. For specific legal advice, please contact our office: 815-725-8000
The Law Offices of June, Prodehl & Renzi, L.L.C. have been in existence for over twenty years. We have extensive experience in estate planning practice and seek to provide the most up-to-date and relevant information for our clients. We believe that it is essential for any individual to seek the advice of an attorney for an estate plan. We are specifically trained through our practice to identify your individual needs and ensure that your estate plan will provide for your maximum independence and respect during your lifetime and will disburse your assets in a manner you decide upon your death.
Wills
Trusts
Power of Attorney
A power of attorney is a document in which you appoint another individual to make decisions on your behalf. The individual singing the document is called a “principal” and the individual appointed is called an “agent”. In Illinois, these documents, the power of attorney for healthcare and the power of attorney for property, have been reduced to a statutory form which is most commonly utilized by attorneys and health care providers. Although other forms may be used, the statutory form should generally be used because it will trigger all statutory protections, including protections for health care and financial institutions who may rely on the form.
The general rule is NO. While there may be some exceptions that should be discussed with an attorney, most repayments would be subject to challenge. Under both Illinois and Bankruptcy law, the payment would most likely be construed as payments to an insider during a period of insolvency for an antecedent debt to the detriment of your other creditors and, as such, subject to avoidance. Simply stated, you took the little money you had and elected to pay a family member rather than some other creditor. A court order would be sought for the repayment of those funds by the person you paid.
Foreclosure
The answer is that it depends. If you are simply behind on your payments or otherwise in default under the terms of your loan with your lender, “in foreclosure” may only refer to which department is handling your loan for your Lender. Just as a loan modification request may find your loan being handled by the loss-mitigation department, your loan may be in the foreclosure department for non-payment in preparation of a foreclosure lawsuit. Should this be your situation, a request to seek Modification may stop the referral to an attorney and allow the lender to process your request. A successful Modification would avoid the entire process.
Debt Collection
Lost Payments by the Lender: With the different methods of payment – online, wire transfer, account deduction, credit card, personal check, money order, and in-person, it is possible that not all payments were properly and timely credited to your loan. This is especially true where there are one or more loan servicers involved in collecting payments. As a result, the amount alleged to be due should not simply be accepted as correct in any Foreclosure. In addition to being “lost,” it is possible that not all of the loan payments have been applied. For example, funds can be held in suspense. An experienced Foreclosure attorney would explore this issue via discovery to obtain payment records to compare with your personal records of payment.As stated, this is not the definitive listing of defenses. Additionally, there is the potential for Truth-in-Lending defenses that may be able to void a refinanced transaction as well as Fair Debt Collection claims against the mortgage company attorneys.