Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Erik K Jacobs
1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Need help petitioning for surplus funds
Erik K Jacobs
Erik K Jacobs
answered on Jul 19, 2022

Are you referring to surplus funds that have been deposited with the Circuit Clerk after a foreclosure sale?

Erik Jacobs

Erik K. Jacobs | Cicero, France & Alexander, P.C.

6323 E. Riverside Blvd, Rockford, IL 61114

(815) 226-7700 |  (815) 226-7701 Fax...
Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: We have a real estate agent who wants to cancel our contract & our relatives…

We hired a real estate agent to represent our home and my grandfather hired her to represent his home. Due to an issue between her and I, she wants to cancel our listing contract early. She also wants to cancel our grandfathers for no apparent reason. He is furious as his house has been listed with... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Jul 5, 2022

Your Grandfather's rights and options will be set out in the listing agreement. However, if he is not happy with the agent's representation of him, he might be better off finding a new agent....

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: Are buyers allowed time to back out of the accepted offer without losing the earnest money?
Erik K Jacobs
Erik K Jacobs
answered on Jul 5, 2022

The answer depends on the language in the contract. Oftentimes buyers are allowed to cancel a contract if a contingency fails. There are a number of different buyer contingencies that can be found in contracts - financing, appraisal, subject to the sale of the buyer's home, inspection, etc.... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: My husband has power of attorney of his father's finances. Does he need his father's signature for a quit claims deed?

There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.

Erik K Jacobs
Erik K Jacobs
answered on Jun 22, 2022

Well, this is a tricky situation. First, is your father-in-law competent? If so, then he should handle the transaction on his own. It is much cleaner that way. If he is not competent, then an important question would be "who is your father-in-law quit claiming the property to?" If it... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Jun 3, 2022

Well, its not taxation without representation because you're not getting taxed. Cannabis is still illegal at the federal level, so there are issues that Cannabis establishments have with banking, etc. I have never heard of an employee who is getting paid wages being denied from receiving a... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Do you have a good case in court to fight an eviction if there was crime and unsafe issues going on in apartment?

We are facing eviction after just renewing lease for another 12 months due to starting a new job but it fell through and didn’t have the funds to pay rent. While living in the apartment we faced many issues such as violence going on outside our door with knives, people in the building blasting... Read more »

Erik K Jacobs
Erik K Jacobs
answered on May 17, 2022

Perhaps these may be reasons to break the lease and move out, but you can't have it both ways. In other words, you can't stay and not pay. The fact that the unit was not clean when you moved in more than a year ago will not be considered. Any objection to the condition of the unit... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Feb 23, 2022

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs
answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I purchased investment properties in Illinois before I was married does my wife have any rights to the properties?
Erik K Jacobs
Erik K Jacobs
answered on Jan 5, 2022

Unfortunately, without more information, the law is not so black and white. Like many other legal questions, the answer is maybe. Did you buy the properties outright or did you obtain a mortgage? If you bought them outright, did you ever add your wife to the title? If you had a mortgage, did... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm a disabled renter who resides in a building that has been sold for taxes and the deed has been submitted to the cour

It was sold over 2yrs ago and I just found out, now the person claiming to own the property STILL wants rent and is telling me information that I know isn't true, what should I do

Erik K Jacobs
Erik K Jacobs
answered on Nov 18, 2021

If the tax buyer has just recently applied for a deed to the property with the court, then the previous owner still "owns" the property until the court deeds it to the tax buyer. When you say "person claiming to own the property" I'm not sure if you mean the person holding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I need to know whether to continue to pay rent where I live cause it was sold for back taxes and I'm disabled...

It was sold almost a month prior to us moving in

Erik K Jacobs
Erik K Jacobs
answered on Nov 18, 2021

First off, I'd need a little more information. Were the taxes sold? If so, you would continue to pay rent to the registered owner. The owner can always redeem the taxes by paying the arrearage and interest. Perhaps a call to the County treasurer's office would be in order. In my... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Our mother passed away approximately 2 years ago, and we are still paying the mortgage on the property.

What options do do we have to place the property under one of my siblings names and or a trust.

Erik K Jacobs
Erik K Jacobs
answered on Nov 12, 2021

First off, I'm assuming that the property was in her name and not in a trust. Was there a will? That would determine who initially has title to the home. If your mother died without a will and she did not have a surviving spouse, then the house goes to her heirs at law.

Was an...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it legal for another party to remove your name from the title of your home ?
Erik K Jacobs
Erik K Jacobs
answered on Nov 2, 2021

Well, in order for your name to be "removed" from title, you would have to sign some sort of a deed conveying your interest to someone else. If you did not execute a deed, then your interest hasn't been conveyed. If someone forged your signature, that's a different issue.

1 Answer | Asked in Real Estate Law for Illinois on
Q: The naghbor.locked the road gate , that crosses,his property.into my property. They used to be one track of land.?
Erik K Jacobs
Erik K Jacobs
answered on Oct 27, 2021

Without more information, your rights are difficult to determine. A couple of questions: First, was there an access easement or agreement that was ever recorded when the land was divided? If so, then the rights and obligations of each landowner should be specified in the agreement. Second, do... Read more »

1 Answer | Asked in Real Estate Law and Workers' Compensation for Illinois on
Q: Can HOA require landscaper working on patio submit proof of workers comp? Liability & homeowner umbrella already sent

This requirement is not specifically called out in the bylaws or process for approval. Prior recent like requests were not subject to this requirement and no update to bylaws were made between requests

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm not sure that requiring a contractor who performs work on the premises would be in any association's bylaws. Generally, the Bylaws are just the rules for governing the association. That being said, this is simply just a good business practice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: if consent was once given to persons at a residential home then revoked at some point how do you legally remove them

an elder widowed husband is looking to sell his residential property to me however at some point in the past when his wife was still living she let someone reside there for a time being, assuming paying rent neither owner resided there at the time or since. once she passed the husband informed them... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm afraid you will have to contact an attorney and begin the eviction process. I don't know if there was an oral lease with these people or they were just allowed to live there. If no oral lease (i.e. rent terms), then you will probably have to begin by giving them a 30-day notice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What to do , if the Condo Association claims that the Management company stole $600000 money from the reserve account .

Now the Association claims that we have no money at all . Is it possible for the Association not to have access to all of the accounts that we had .

How do we resolve this issue?

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

Wow - this is a scary situation. I hope that the Board has contacted the authorities AND its own attorney to look into this allegation. $600,000 doesn't just evaporate overnight.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: How long after winning foreclosure auction may I begin work.?

I purchased an abandoned foreclosure in Stark County IL on Sept 28th 2021. It was winterized by the bank in March of 2021. The door was open so I changed the locks. The roof is leaking and needs to be replaced asap. What risk is there in doing substantial work immediately?

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm assuming that the sale has not yet been confirmed by the Court. You have a few different risks. First, Since the sale has not been confirmed, there is a chance, albeit a small one, that the Court will not approve the sale. Second, I am not sure whether you have had any title work run on... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: I have a question about real estate law in the state of Illinois

The home my girlfriend is renting has currently been put up for sale and someone has been approved to purchase it. Are her current landlord‘s allowed to evict her before she has another place to live

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

This depends. Does she have a lease? If so, then the sale is subject to the terms of the lease. If she has no lease and is simply a month to month tenant, then the landlord would need to give her a 30-day notice and she would be required to find a new residence during that period and move after... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for Illinois on
Q: If I’m on the deed but not on the llc that the property is on, do I still have interest?
Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm a little bit unclear as to your question. If your name is on the deed, then you are an owner. If the LLC is in title, then it is the owner. Perhaps you are the owner and the LLC is a tenant?

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.