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1 Answer | Asked in Real Estate Law for Illinois on
Q: i was in foreclosure 11 years age and the motion was withdrawn without prejudice. i am trying to sell the property

can i sue to quite the title

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answered on Sep 28, 2020

You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without... View More

2 Answers | Asked in Real Estate Law for Illinois on
Q: How do we establish property percentage of ownership?

My siblings and I were given a property to act as our inheritance. The property has no mortgage and we are all listed as owners on the deed. We did not establish an LLC nor have we determined a percentage of ownership - I think it was assumed to be 1/3, 1/3, 1/3. However, my siblings live nowhere... View More

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answered on Jul 23, 2020

Generally speaking, in Illinois, unless there is language to the contrary in the Will, the interests in the property are presumed to have been distributed equally (or "per stirpes") to the heirs.

However, if you have contributed a disproportionate amount to maintain the property,...
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1 Answer | Asked in Real Estate Law, Small Claims, Contracts and Landlord - Tenant for Illinois on
Q: If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?

If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?

The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... View More

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answered on Jul 23, 2020

Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.

The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have...
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2 Answers | Asked in Real Estate Law for Illinois on
Q: My father is deceased his house is in Trust, I'm the successor Trustee. Is the house considered mine? Like a 2ndary home

I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named... View More

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answered on Jul 9, 2020

Hopefully, at the time of the Declaration of Trust, your father's attorney also recorded a Quit-Claim Deed transferring the title from your father to the Trust. If not, then we would need to work with the Title Co. to record an Affidavit of Heirship to determine all the parties with an... View More

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