Newsletter_Fish Law Group

FISH LAW GROUP

NEWSLETTER ISSUE 1 VOLUME 1 | SPRING 2014

IN THIS ISSUE: 4 SHOPLIFTING AND DUIs – 4Maintaining Lawful Presence 4 Fish Law Group Wins Appeal in Third District of Illinois 4 $667,000 in Principle Reduction received on a HAMP Loan Modification 4 Zombie Foreclosure 4 Understanding Your Rights Under the Health Care Services Lien Act 4Whats in your wallet?

4 Stanley Cup 4 Wills for Heroes

FOR THE BEST CHICAGO HAS TO OFFER, PEOPLE TURN TO FISH LAW GROUP LLC “I will forever be grateful to Fish Law. There are those that say they will help and then there those that do. Fish Law is one of the few who cared AND helped.”

— Marisa & Geraldo

FISH LAW GROUP LLC

SHOPLIFTING AND DUIs – SOUNDS MINOR, BUT SERIOUS IMMIGRATION CONSEQUENCES FOLLOW...

Lynn Preshad of Fish Law Group LLC Attorney Lynn Preshad practices mortgage foreclosure defense and immigration law at our Chicago office. Dedicated to helping people, representing clients in and out of courtroom proceedings and provides client counseling.

by Lynn Preshad of Fish Law Group LLC

Recently we at Fish Law Group have had a number of clients facing the consequences of shoplifting and DUIs. These clients have made mistakes unknowingly at a relatively young age (early 20’s) not realizing the immigration consequences and not even knowing the importance of being advised by a good criminal and immigration attorney before entering into guilty pleas. Even though certain “small” crimes sound pretty minor as compared to other crimes, the results are thousands in attorneys’ fees, losing job eligibility, risking green card eligibility, and losing eligibility for naturalization. So, our advice to you is to avoid ALL crimes and violations, especially the small ones, which can be so easy to overlook. However, if you do get in some trouble, even if it’s really small, do not overlook the importance of consulting an attorney before entering into any plea agreements.

If you need advice, please free to reach out to us at Fish Law Group for a consultation.

MAINTAINING LAWFUL PRESENCE We at Fish Law Group notice day in and day out how students and visitors, who don’t think they are violating the law, end up violating accruing unlawful presence in the U.S.

by Lynn Preshad of Fish Law Group LLC

Students and visitors who plan on staying in the U.S. longer than authorized should contact an immigration attorney at least 90 days prior to their authorized stay period in the U.S. Even though the actual PEOPLE DON’T REALIZE THE CONSEQUENCES OF THIS AND HOW visa can be 5 SERIOUS IT IS, ESPECIALLY IF YOU’RE SEEKING TO CHANGE OR years, multiple EXTEND YOUR NON-IMMIGRANT VISA STATUS IN THE U.S. entries, the actual

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authorized stay for each entry is only 6 months. A lot of people confuse the two thinking that they can stay in the U.S. for 5 years without serious consequences. Please, seek the advice of a competent immigration lawyer prior to making decisions. Please feel free to contact Fish Law Group for a consultation.

FISH LAW GROUP LLC

FISH LAW GROUP WINS APPEAL IN THIRD DISTRICT OF ILLINOIS

by Margaret Crowell of Fish Law Group LLC

T. he Third District Appellate Court issued its mandate to the Circuit Court of the 13th Judicial Circuit on November 26, 2013 in Ottawa Savings Bank v.

Johnson, Case No. 3-12-0791 (Circuit Court No. 11 CH 159). In Johnson, the Circuit Court entered a Default Judgment. A Motion to Reconsider was filed and denied. A Motion to Vacate the Default Judgment under Section 1301(e) of the Illinois Rules for Civil Procedure was filed and denied. The Defendant’s Attorney, Margaret Crowell, continued to aggressively litigate the matter through the Judgment Order and Confirmation of Sale.

A. fter losing every single hearing at the Trial Court level, a Notice of Appeal was filed. Appellate Briefs were also filed and the Court heard Oral arguments on the matter. Finally on Appeal, the Defendant was vindicated.

The Appellate Court found that the Trial Court erred in entering the Default Judgment. The Court affirmed its requirements of notice to all Defendants prior to the Plaintiff moving for Default Judgment. The Court affirmed its rulings in seminal cases regarding the drastic nature of default judgments and that entering default judgment is only condoned as a last resort. The Default Judgment ruling of the Trial Court was reversed and the case has been remanded.

F. ish Law Group is committed to aggressively fighting for the rights of our clients. We are here to help.

$667,000 IN PRINCIPLE REDUCTION RECEIVED ON A HAMP LOAN MODIFICATION

by Margaret Crowell

Fish Law Group client, Mr. S. received an offer of $666,000 in Principle reduction on a HAMP Trial Payment Plan from Ocwen. Ocwen will be forgiving $222,000 in Principle each year for the next three years if all loan payments are timely made.

Mr. S. made payments on a previous HAMP Trial Payment Plan only to have the lender refuse to accept further payments and proceed with the foreclosure. Fish Law Group was able to help Mr. S. fight the foreclosure process while working with the lender and opposing counsel toward a HAMP Loan Modification. This type of result was possible due to the coordinated efforts of Fish Law Group’s experienced attorneys and professional staff. As with any legal issue the facts and circumstances of the case affect the results. Not all cases will achieve the same results. However, Fish Law Group has been successful in achieving loan modifications for many of our clients and thereby providing them with affordable payments that allowed them to keep their homes. We are here to help.

“The world is a better place because of the work you do!”

— C. Dong NEWSLETTER | 3

FISH LAW GROUP LLC

Doug Miller of Fish Law Group LLC Attorney at law

ZOMBIE FORECLOSURE:

DO YOU STILL OWN YOUR HOUSE?

by Doug Miller of Fish Law Group LLC

A zombie foreclosure is when a bank starts to foreclose but never completes the foreclosure therefore never taking ownership of the property. It is important that you know the status of your foreclosure case because if the process has not been completed you still have the right to live at the property and you can be liable for property taxes, condo assessments, and more. Illinois currently has over 31,000 foreclosures that have been classified as zombie foreclosures. http://articles.chicagotribune.com/201304-19/classified/sc-cons-0418umberger-20130419_1_foreclosureactivity-realtytrac-foreclosure-notice

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To find out the status of your case contact the courthouse in the county the property is located. I recommend going to the courthouse in person and ask if there is foreclosure help available. It is important that you not only look at the file but you understand what is happening in your case. If you have trouble understanding or accessing this information you should contact an attorney. The foreclosure process is generally complete when the court has ordered possession for the plaintiff. Also, it is important to confirm if title has been transferred to the bank even after the court has granted them possession of the property. If title has not

been transferred you may still be liable for taxes, fines, and violation of local government ordinances. The best way to find out if title has been transferred is contacting the county recorder.

“ I THOUGT MY CAUSE WAS HOPELESS UNTIL I RETAINED FISH LAW GROIP” — ELLIS H.

FISH LAW GROUP LLC

UNDERSTANDING YOUR RIGHTS UNDER THE HEALTH CARE SERVICES LIEN ACT Section 10 of the Health Care Services Lien Act (770 ILCS 23/10) provides limitations to the liens that a health care provider can collect for treatment they provided to you as a result of an accident that was caused by another person.

The total amount of all liens under the Health Care Services Lien Act cannot exceed forty percent of the verdict, judgment, award, settlement, or compromise that is obtained on behalf of the person who is injured.

However, this only limits the amounts that a medical provider can collect as part of a medical lien. Section 45 of the Health Care Services Lien Act (770 ILCS 23/45) provides that nothing in the Health Care Services Lien Act may prevent a health care provider from pursuing collection of its reasonable charges for the medical

DON’T LET A QUICK SETTLEMENT BANKRUPT YOU...

CALL FISH LAW FIRST! treatment provided. That is if your cost of treatment from a health care provider exceeds forty percent of the verdict, judgment, award, settlement, or compromise the health care providers can still place your account in collections or take you to court to collect for medical treatment that was in excess of forty percent of the verdict, judgment, award, settlement, or compromise.

For example if your medical bills from a health care provider are $12,000.00 and you receive a $20,000.00 settlement the healthcare provider can only take a lien under the Health Care Services Lien Act in the amount of $8,000.00. However, the health care

provider can still take you to court for the $4,000.00 in remaining medical bills.

In conclusion, a health care provider can obtain a lien against the verdict, judgment, award, settlement or compromise you receive as a result of an accident, and then turn around and take you to court to collect for the rest of the health care costs that were not covered by the lien. At Fish Law Group, with our client’s permission, we do everything we can to negotiate a full and final release with the health care providers so that when your claim is resolved you don’t have to worry about health care providers taking you to court.

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FISH LAW GROUP LLC

WHATS IN YOUR WALLET? If you are reading this then be advised that the property taxes of Chicago are going to have an effect on you whether you live there or not. Illinois as a whole is second in outward migration. Only New Jersey had more people leaving the state than Illinois. Considering Mayor Emmanuel has openly admitted that property taxes for Chicago “will have to double to serve the spiraling debt” it is not difficult to imagine the exodus from Chicago, and the surrounding communities, to accelerate. Without question, when the $1.07 billion balloon payment on its $19.4 billion pension debt for city employees comes due in 2015 it will be rubber hits the road time.

Surrounding communities are already dealing with delayed payment from the State of Illinois and the City of Chicago for debts owed to them. Whether it is sooner or later there is no other source for raising taxes other than property owners and Chicago will end up wringing property owners dry.

Property owners need to prepare and take action now. FISH LAW GROUP has and remains at the forefront of dealing with real estate and legal matters and will continue to do so. Our property tax appeal process is extraordinarily easy and cost effective to property owners – saving property owners thousands of dollars from inflated property tax assessments.

Check out www.retax4less.com to see whether appealing your property assessment will keep money in your wallet.

STANLEY CUP

AT O’NEILLS ON WELLS STREET CHICAGO, IL

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FISH LAW GROUP LLC

WILLS FOR HEROES PROGRAM FISH LAW GROUP GIVES BACK TO THE COMMUNITY

We at Fish Law Group not only assist clients who are in need of legal representation.

Our lawyers and staff volunteer their time and efforts to create wills and other estate planning documents for local emergency first responders and their spouses or partners. I like to say that the staff and lawyers at Fish Law Group are Heroes who assist Heroes.

FISH LAW GROUP LLC EXPERIENCED ATTORNEYS PROVIDE SUPERB REPRESENTATION

PERSONAL SERVICE FROM A MEDIUM-SIZED FIRM

Fish Law Group LLC, founded in 2006, is a medium-sized law firm staffed with knowledgeable and dedicated attorneys ready to serve the diverse people of Illinois. To date, Fish Law Group has helped hundreds of families fight foreclosure and navigate through the ever-challenging bankruptcy process. In addition, our highly educated and experienced attorneys concentrate in their specific legal practice in a wide variety of legal areas, from immigration and Social Security law to personal injury, DUI cases and family & divore.

We’re dedicated to aggressively fighting for your rights, going above and beyond to provide you with the best legal representation you can find in the Chicago area.

When you choose Fish Law Group LLC, you can rest assured that you aren’t just another dollar sign. We treat each of our clients like family, providing each of them with personalized service second to none.

We’re able to provide such personal service because we’re not a mega-firm that thinks only of our profit margins. When you call us, we actually answer the phone and know you by your first name. You’ll never be merely a case number to us. Make an appointment to meet with one of our talented legal professionals and experience the Fish Law Group difference.

AFFORDABLE FEES AND FLEXIBLE PAYMENT PLANS We’re confident that you will see firsthand our attention to superior customer service and will be convinced that we have what it takes to represent you aggressively and for a reasonable rate. We always strive to provide affordable representation to all our clients.

You won’t find any exorbitant retaining fees or a multitude of hidden charges when you hire us to fight for you. We know that many of our clients are facing tough financial hardships and understand that upfront lump-sum lawyer fees may be impossible for some. That is why we offer convenient payment plans for our clients. Just ask how we can help you to break up the fee and retainer during your consultation with one of our lawyers.

WE OFFER FLAT-FEE SERVICES AS WELL. NEWSLETTER | 7

FISH LAW GROUP LLC 309 W. Washington Street | Suite 700 Chicago, IL 60606 Phone: 312-702-0900 Toll Free: 855-FISH LAW twitter.com/dafishlawgroup

Fish Law Group LLC 309 W. Washington Street | Suite 700 Chicago, IL 60606 Phone: 312-702-0900 Toll Free: 855-FISH LAW (347-4529)

When you find yourself facing legal troubles like foreclosure, divorce, personal injury, immigration or bankruptcy, you need to find trusted legal representation.

But thousands of law firms in the Chicago area vie for your attention, and your case is too important to leave to chance. At Fish Law Group we are proud of being your friends who are also your lawyers.

Aurora Office 75 Executive Drive | Suite 433 Aurora, IL 60504 Phone: 630-986-9300 Toll Free: 855-FISH LAW (347-4529) Grayslake Office 70 U.S. Highway 45 Suite 208 Grayslake, IL 60030 Phone: 847-543-1145 Toll Free: 855-FISH LAW (347-4529)

www.fishlawgroup.com