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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Illinois on
Q: Please help me understand exactly what this means? Real estate transfer notification

US Bank Trust National Association, as trustee of the LB-Ranch Series V Trust by SN Servicing Corp. as attorney in fact, of Eureka, Calif., sold a residence at 212 S.E. Front in La Prairie to Mike Fuhrman of La Prairie for $12,000 on May 30. I don't understand the beginning of this statement... View More

James L. Arrasmith
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answered on Oct 9, 2024

It sounds like the trust managing your grandparents' estate took action to sell the property. The US Bank Trust National Association acted as the trustee, meaning they were responsible for handling the assets in the trust. Sometimes, when an estate isn't actively managed, the trustee may... View More

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: I payed off my house contract for deed. now their attorney wants paid for paperwork I already filled out and the seller

I did the ptax forms seller signed..now their atty who has the deed wants me to pay him 300 for the paperwork I already did to get the deed

Anthony M. Avery
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answered on Oct 4, 2024

What is your problem? Most contract for deed buyers get evicted and all monies forfeited. Either ay the lawyer or hire yours to enforce the contract.

1 Answer | Asked in Real Estate Law, Civil Rights and Gov & Administrative Law for Illinois on
Q: Can I sue the city of Zion for letting me be chased from my home because of the harassment from my neighbors?

I purchased a home in Zion on 06/29/22. I moved there on 08/14/22. I had a lemon thrown at me and a locksmith by neighbors the second day I moved in. I went to the police station immediately after it happened and they wouldn't let me file a report nor would they speak to my neighbors.... View More

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you’ve been through a lot, and it’s understandable that you’d want to take legal action after facing such harassment and lack of support. Suing the city can be difficult, but it’s not impossible if you believe their negligence or mishandling of the situation led to harm.... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Can I sue the city of Zion for letting me be chased from my home from the harassment of my neighbors?

I purchased a home in Zion on 06/29/22. I moved there on 08/14/22. I had a lemon thrown at me and a locksmith by neighbors the second day I moved in. I went to the police station immediately after it happened and they wouldn't let me file a report nor would they speak to my neighbors.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: a neighbor is wanting to sign some land over to me. i looking for info on how to proceed.
Anthony M. Avery
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answered on Sep 9, 2024

Hire an IL attorney to search the title and draft the Deed.

2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 23, 2024

Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.

Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.

The Bankruptcy provisions enabling...
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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Illinois on
Q: I am pro se, I need to get my lien recognized in mortgage foreclosure case against the person I got a lien against.

I filed an appearance and answer, I showed up to the court date but got scared and didn’t file an answer, I told judge this is too stressful I don’t want to be a part of this case, and now my lien isn’t recognized in the judgement.

Somebody told me all I had to do was file the answer... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2024

Your solution is to retain a real estate attorney, now. Nobody online can tell you what document to file without reviewing the case.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: How to foreclose or evict someone that’s breached contract for deed terms

Failed to fix heat pump, roof is missing a shingle after storm, has tires stacked in yard, window unit has ruined wood siding, built a pallet fence connected to porch, removed spindles from railing to put a board as a ramp for animals without permission, and who knows what inside the house will not... View More

James L. Arrasmith
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answered on Apr 16, 2024

I apologize that you're dealing with a difficult situation with your contract for deed purchaser. However, I want to be very careful about providing advice, as the legal process for addressing breaches and pursuing eviction or foreclosure can be complex and varies by jurisdiction. The best... View More

2 Answers | Asked in Products Liability, Real Estate Law, Juvenile Law and Trademark for Illinois on
Q: I need representation if I’m getting misrepresented with fraud and construction

Fiduciary breach of law and trust and bribery

James L. Arrasmith
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answered on Apr 16, 2024

I understand that you are seeking legal representation for a case involving allegations of fraud and construction-related issues, as well as potential fiduciary breach of trust and bribery. Given the seriousness of these matters, it is crucial to consult with a qualified attorney who specializes in... View More

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1 Answer | Asked in Real Estate Law for Illinois on
Q: I solely paid for my house and property in Michigan. But I added my boyfriends name to deed. We broke up and now he want

He wants half or he won't sign for me to sell. I moved back to Illinois and so did he 4 hrs away

Anthony M. Avery
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answered on Apr 9, 2024

You will need a MI attorney to file a Partition Action. Plead that you paid for it in full. You might get all your purchase money back before the remainder is split between the two owners.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: HOA has expired but but being collected for without letting residents know that it has expired. Is there recourse?

I recently purchased a home in a subdivision that the HOA had expired within the month. 11 months later we receive a letter requesting funds for the HOA. We have contacted the sender to inquire. The responce was that the reinstatement is being worked on by an attorney. Our concern is that this... View More

James L. Arrasmith
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answered on Mar 31, 2024

If the HOA has expired and is attempting to collect fees without properly notifying residents about the current status and reinstatement process, you may have the following options for recourse:

1. Request documentation: Ask the sender for official documentation proving that the HOA is...
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1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Can my brother-in-law’s aunts and uncles take away his home and property?

My brother-in-law bought a house from his grandma 4 years ago to avoid inheritance fees. Since then he has put $40k into the house and paid the property taxes. We have also bought the house/property to avoid losing it in his divorce (so it is in our name). He is not currently living there as there... View More

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2024

Your grandma is still alive or there would be no inheritance fees. A lawyer should have been consulted. There is a 5 year look back period. If she goes into a nursing home within 5 years of selling or giving away property for less than fair market value she is penalized and yes, they can have a... View More

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Do home real estate capital gains have a window in which reinvestment would be considered a wash sale?

This would be related IRS topic 701 capital gain exclusion from a home sale.

James L. Arrasmith
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answered on Jan 31, 2024

In the context of IRS Topic 701 and the capital gain exclusion from a home sale, the concept of a "wash sale" generally doesn't apply. The wash sale rule is primarily associated with securities, like stocks and bonds, and aims to prevent taxpayers from claiming a tax loss on a... View More

1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: I sold property and new is suing me what do I do

I have court date

Anthony M. Avery
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answered on Jan 15, 2024

You will need an IL attorney to represent you. Time is limited or a default will occur.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: A contractor and I did a real estate investment for 15k and 30 k was given after the sale . No response back run off.

I run off with my money, n I have texts messages of the deal .

James L. Arrasmith
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answered on Jan 11, 2024

In your situation, where a contractor has taken your money without fulfilling their part of a real estate investment deal, you have several legal options to consider. The text messages you have can serve as evidence of the agreement and the contractor's obligations.

First, you may...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: I am a commercial condo owner who is not part of the association (except for paying monthly dues and special

assessments). My association recently informed me that they miscalculated my monthly association dues for the past three years and is requesting that I pay the difference by the end of this month. Am I legally required to pay the difference caused by the association's past miscalculation?

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answered on Dec 18, 2023

If you own a condominium, then your title is subject to the Master Deed and all the Restrictions. Your title is coexistent with others, and all are subject to numerous covenants that run with the property.

1 Answer | Asked in Identity Theft and Real Estate Law for Illinois on
Q: Someone applied for a home equity loan using my name and a previous address (rented, not owned). What is my recourse?

Bank canceled submission due to fraud. Can I attempt to collect damages from this person trying to use my credit standing for their benefit?

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answered on Dec 11, 2023

You can sue for a property tort, fraud, identity fraud , etc., but collecting a judgment will be difficult. Consult with an IL attorney, but research everything available about your defendant first.

1 Answer | Asked in Real Estate Law for Illinois on
Q: In IL, if property has 2 people on the deed but only 1 person on the mortgage & the property is sold, who gets proceeds?

The person that is both on the title and the mortgage does not want to claim any of the proceeds on the sale of the home but is concerned about having to pay taxes on sale.

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answered on Oct 20, 2023

In Illinois, if a property has two individuals on the deed and only one on the mortgage, the distribution of sale proceeds should be based on a clear agreement between the parties. The person on both the title and mortgage may opt not to claim any proceeds but should document this decision in... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I resolve joint tenants sibling relationship with a quick claim deed which was left to us by our mother?

My mother passed and had a quick claim deed left for my brother and I. It states 1/2 of her interest was for me and the other 1/2 of her interest was for my brother. He has now moved out of state and feels does not have to continue to help on utilities since he is not living here. We are joint... View More

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answered on Sep 13, 2023

If enough equity, you might sue for a Partition Sale.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a Common Interest Community Board amend the Association Bylaws without resident members voting in Illinois?
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answered on Aug 28, 2023

In Illinois, the authority to amend the Association Bylaws of a Common Interest Community (such as a homeowners association or condominium association) typically lies with the governing board, subject to the requirements outlined in the existing bylaws and state law. The process for amending bylaws... View More

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