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Questions Answered by Vincent Anthony Incopero
2 Answers | Asked in Real Estate Law for Illinois on
Q: I'm married an own a house about 10 years ago my husband took his name off the house but the loan is still in his name

Do he still own the house to

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 11, 2017

The legal owners are those persons whose names appear on the last recorded deed(s).

Persons who have signed the mortgage or the note (payment IOU) have liability on the payment obligation to the lender, but do not necessarily have ownership.

Often times, A is the owner but both...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Neighbors are renters who do not upkeep the property. This hurts my property value. What can I do to the landlord?

These properties are on both sides of mine. They are owned by two different people, my wife and I own our house and are concerned about the lack of up keep on these properties hurting our homes value. Yard maintenance, building maintenance, and overall appearance of these properties are atrocious.... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

Contact the village.

There are ordinances in most cities that govern maintenance and upkeep of one's property.

Make a complaint about the upkeep or condition of the property to the City. This way, you are not personally involved and you can have the City take the lead prodding...
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1 Answer | Asked in Criminal Law and Real Estate Law for Illinois on
Q: can I be a real estate appraiser in Illinois with a criminal background

I am on the verge of taking my state exam as an real estate appraiser I was wondering would my background hinder me

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

I would suggest contacting the Illinois Department of Financial and Professional Regulation (IDFPR) for answers to your question. You can contact the IDFPR at 888 473 4858 and more information can be found at http://www.idfpr.com/profs/appraisal.asp.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Where can I get a free download of an Affidavit of surviving joint tenant

I live in Indiana and husband died. I want kids to get house with no hassles when I pass

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

If the property is located in Illinois, you can obtain a copy here (please note that the property does not have to be located in cook county for this form to be applicable)

http://cookrecorder.com/wp-content/uploads/2013/02/Surviving-Tenant-Affidavit-AKA-Deceased-Joint-Tenancy-Affidavit.pdf

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Illinois on
Q: I would like to sell our property, but my wife is not in the U.S.

Hi Sir/Madam,

I would like to sell our property, but my wife is not in the U.S. and there is no way she would be able to come to U.S.

What is it that i would need from her to sell our property here in the U.S. (Note: Her name is on the title)...

As far as i could... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

You could have the POA notarized by a notary at a US Embassy or Consulat.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the county court take a house that has delinquent taxes even if the mortgage itself is current?

Shouldn't the bank that has the mortgage override the tax seizure?

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

Taxes are a superior lien and have priority over a mortgage, regardless of whether it is current. A tax buyer who purchases sold taxes can jump ahead of/wipe out a mortgagee (lender) and obtain ownership of the property if the taxes are not redeemed (paid) prior to the expiration of the statutory... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: If a home inspector suggests how to repair minor inperfections, does the buyer have to repair that way?

Or, can you address the repairs another way?

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

Assuming the inspection was conducted in connection with a purchase transaction, if an private inspector, not a village inspector, identifies a defect that is in need of repair, the owner/seller has the option to:

1. Do nothing and say they will not correct the defect

2. Remedy...
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1 Answer | Asked in Tax Law and Real Estate Law for Illinois on
Q: Property has been sold for taxes, Im not able to pay the taxes back by the redemption period how long do I have to stay?

Redemption period is 9/21/2016 my father's property he moved. Im still there, filed chapter 7 discharged May 2015.

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

You should contact a lawyer immediately if you have not already done so.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I cosigned for my daughter to purchase a town home. I she defaults, can they take my house if I do not pay her mortgage?
Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

The answer depends on whether you signed a mortgage and if the mortgage you signed encumbers your residence.

If you just signed the note, the lender's only recourse against you would be for money in the event of a default (her failure to pay).

If you signed a mortgage and the...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Q: I'd like to file a complaint against an emotionally abusive landlord. Who/What organization do I send the letter to?

My landlord is known for inhumanely treating her tenants. She cuts off utilities, such as hot water. She storms into my apartment and even broke my antique and refuses to take responsibility. Lastly, she increased the monthly rent without a 30-day notice in a mid-contract. I do NOT feel comfortable... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

Without knowing the location of the property, I can only provide general information.

As far as the emotional abuse, unfortunately, unless the tenants are elderly, I am unaware of any body that you can complain to. You might begin your search for more information by reaching out to the...
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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Illinois on
Q: Hello, I was evicted from an apartment that both me and a friend I was renting. How can I get this off my record?

Before being evicted I spoke with the property manager and told her about my situation with my job and also the living conditions from my roommate.I have emails,picture, and videos. I was told to get a lawyer so I don't have to pay. My roommate "put" me out. So she was living there three month and... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

I do not see question that can be answered.

An eviction cannot be removed from your record. An eviction is a publicly filed court matter.

A judgment, which result after a formal eviction, can be placed on your record if it is recorded in the county where you reside. A judgment...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: We are almost 60, not married, and looking to purchase a home together. I can pay my 1/2 in full, he can't.

How to title, ensure we both are protected if one should die first?

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Feb 2, 2017

If I understand your question, you would like to know the home should be owned in the event that one of you should die. Depending on how you would like your 50% interest to pass upon your death, you will select one of the following:

1. Joint Tenants – Upon the death of one owner(s), the...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Regarding Default Judgments In Real Estate

When a property management company obtains a judgment , but afterwards sales property and does not transfer the judgment to new ownership is the debtor still liable? Read somewhere that once a property is sold in Illinois the judgment has to be transferred to new ownership since previous owners no... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

A judgment in favor of a private party that is recorded is enforceable against the debtor for 7 years. It does not matter that the property has been sold. If you owe your landlord rent, and they get a judgment for rent and record that judgment, that judgment is enforceable and can be collected... Read more »

2 Answers | Asked in Real Estate Law and Estate Planning for Illinois on
Q: How does it work if I die and leave my house to my daughter and it is not paid for?
Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

Liens (mortgages) are not extinguished by the death of an owner. Any open liens (mortgages) stay legally attached to the property. So if you leave your home to a child, and at the time of your death there is a $150,000 mortgage, your child inherits the property "Subject To" the mortgage. Your... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: My late father quit claimed my house to me, it was in my step mom and dad's name.Is this enough so she can't kick me ou?

She hates me, my dad kept trying to get her to sign off but she wouldn't. Will this quit claim put the house in mine and her name.I live in Illinois

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

So long as your late father properly transferred his interest in the property to you by executing a deed that has been recorded, you cannot simply be kicked out, removed or even evicted.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My neighbors have a large bush in their yard that extends up above the fence that separates our two properties.

I've asked them to trim it repeatedly to no avail. Am I legally allowed to trim the parts of the bush that are clearly encroaching on my property?

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

Yes, you are legally permitted to maintain any greenery that extends over and onto your property, regardless of whether it is touching your actual ground or it is within the vertical airspace of your property.

Although you may have already done so, in order to maintain civility with the...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Q: What is the definition of "family" for housing purposes?

If housing "Rules and Regulations" indicate a unit can only be occupied by a "family", what constitutes a "family"? Is a couple that co-habitates, in an established long term serious relationship, considered a "family"? Is a couple that is engaged considered a "family". (There is no definition... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

If the term is not defined within the declaration or the bylaws that govern the association/unit, then the meaning of the term is open to interpretation. With that being said, I think both of the examples you provided were consistent with the intended meaning of the term "Family", especially in... Read more »

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Deceased mother held property in joint tenancy with her deceased mother.

I am the executor and sole heir to my mother's estate. She had a piece of property in joint tenancy with her mother, who died intestate. Would I need to execute a quit claim as the executor to put the property in my name, and strike my deceased grandmother off, or is there more involved? My mother... Read more »

Vincent Anthony Incopero
Vincent Anthony Incopero answered on Jan 30, 2017

As a surviving joint tenancy, your mother became the 100% absolute owner upon the death of her mother.

In order to transfer the property, you will need to prepare an executors deed conveying the property from your mothers estate to whoever the will directs or your mother's heirs.

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