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Illinois Real Estate Law Questions & Answers
0 Answers | Asked in Family Law, Real Estate Law and Probate for Illinois on
Q: I don't know what to do, my dad is on hospice care but his family in puerto rico are suing him regarding inheritance

Hi,I don't know what to do my dad is on hospice care but his family in puerto rico are suing him regarding inheritance property. We don't want anything to do with the property but they want my dad to pay all their expenses. I just received a notice that it's in litigation and he has... View More

0 Answers | Asked in Real Estate Law for Illinois on
Q: Seller didn’t disclose full solar contract until a week or so before closing. Can we recoup earnest money and expenses?

During the home inspection, we learned the roof was estimated to be 15-20 years old and was in need of minor repairs. When requesting the full solar contract, we were given only a 7-page document with the cost of the project and payments, and info about the company. Our requests for the full... View More

0 Answers | Asked in Real Estate Law for Illinois on
Q: bought a house a few months before we were married 20years ago. My name isn't on the deed. Do I have rights to the house

My credit was not very good. Her name is in the deed. I need to know if I have half the rights to the house.

0 Answers | Asked in Real Estate Law for Illinois on
Q: How to hire a lawyer to stop demolition of a house.

I sold my house to another person as being forced by the court. The city is still going to demolish the house which I do not own and the city does not have a case on the new owner. I need to hire a lawyer for my side but how about the new owner?

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: Can the real estate increase my rent in mid-lease due to the default of other tenants on their lease?

I have not violated the "lawn maintenance" clause in my lease. Is there an action that can be taken to prevent this $50 monthly increase. I have only been a tenant since 02/02/2024.

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: what can I do to protect the house that is suppose to be gifted to me, that the deed is in my grandparents & moms name?

My grandparents are going into assist living due to my grandfathers health has taken a turn for The worse. The house isn't even theirs it's only in their name with my mom's is because they helped sign the original loan that bought the property back in 1992. Just trying to protect it... View More

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?

Anthony M. Avery
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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?

Anthony M. Avery
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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.

T. Augustus Claus
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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

Anthony M. Avery
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answered on Sep 13, 2023

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

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