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?
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 »
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 »
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 »
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.
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.
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 »
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
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.
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 »
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.
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?
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 »
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 »
I recently paid off the mortgage to my condo that my mother also has a name to it. We've been wanting to sell our condo for awhile, but when the pandemic hits, my mother doesn't want to do any travelling. She resides in Georgia. I live in the condo in Illinois. Both of our names are on... Read more »
Your mother can attend the closing remotely. In other words, she can execute any required documents in Georgia and they can be sent via Fed Ex to the attorney handling the closing or the title company here in Illinois. An alternative is to have your mother give you power of attorney to sign any...Read more »
I had my house inspected in October and everything was fine. The old owners did not want to move out until January and there was damage sustained to the roof in November. My insurance will not cover it because I didn’t have a policy on this house and said to have the previous owners file a claim,... Read more »
A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk...Read more »
Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... Read more »
Yes - the family members who want to sell can file a partition action to accomplish that. A better option would be for the family members to agree to have the land appraised and the members who wish to keep the land can purchase the interests of the family members who wish to sell based on the...Read more »
Joint tenancy is a form of shared property ownership where each owner has an undivided interest in the property. This type of ownership creates a right of survivorship, which means that when one owner dies, the other owners absorb the deceased owner’s interest. When creating a joint tenancy, we...Read more »
My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.
There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.
Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.
Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.
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