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Illinois Real Estate Law Questions & Answers
0 Answers | Asked in Civil Litigation and Real Estate Law for Illinois on
Q: How to proceed legally against unauthorized plaque placement on daughter's grave in Illinois?

I am my daughter's next of kin and have legal rights to her grave in Decatur, Illinois. I've scheduled a plaque placement, with design approval and deposit, for April 2024. My daughter's aunt, without my permission, placed a plaque on the grave and demands payment before I can place... View More

0 Answers | Asked in Estate Planning, Probate and Real Estate Law for Illinois on
Q: Options for selling real estate in an irrevocable trust or having my brother buy my interest in Illinois?

My parents named my brother and me as co-executors of their will, and all their property is in an irrevocable trust, with my brother and me as beneficiaries. The assets are to be divided equally between us, and my mother, who is still living, believes she cannot make any amendments due to the... View More

0 Answers | Asked in Landlord - Tenant, Real Estate Law and Personal Injury for Illinois on
Q: Willful neglect by landlord over structural issues due to water leakage in building.

I need information on willful neglect by a landlord who knowingly housed tenants in a building experiencing structural issues due to an undisclosed amount of water leakage. The water drainage problems are weakening the foundation, causing concern for tenant safety. Despite this, the landlord has... View More

0 Answers | Asked in Real Estate Law, Collections, Landlord - Tenant and Probate for Illinois on
Q: Eviction order got placed with sheriff department for execution. Tenant died 2 weeks after. Is the eviction still valid

Property is in a Condo in Cook County IL. Eviction order was for the tenant and unknown occupants. Tenant was only person on the lease. 1 unkown person had residency there according to Police.

Deceased tenant has 4 kids (some may be in Poland). No probate has contacted me in the last 40... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I am about to start being charged for internet service that is more expensive than I currently have and I do not want it

Is there anything that can be done so that I am not forced to pay for services that are more expensive that the plan I already have?

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: I inherited my mom's house. Can I assume the existing mortgage or do I need to refinance?

My mom created a revocable trust before she died, then amended it to specify, "Upon settlor's death, the following described real estate shall be transferred to [me]." Does that arrangement allow me to assume the current mortgage?

The Garn-St. Germain Act seems relevant here.

Nina Whitehurst
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answered on Jan 8, 2025

You do not have to assume the mortgage. Just notify the lender that you are the new owner, with documentation, and keep making the payments.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Illinois on
Q: gave tenant house and shed sits my land . moved shed to block my access had me trespased late rent can I terminate

He has more recently threatened ms and told me to not contact . He said he going to move a trailer and his mother onto my land without asking or permission

Anthony M. Avery
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answered on Dec 4, 2024

Hire a competent IL attorney to sue for possession only from all occupants now. Do not get in an argument with them or they will get you criminally charged and have leverage. Let your lawyer handle it and forget about collecting rent monies for awhile.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Are text threads enough to go to court?

I have text threads showing that $200,000 was agreed upon when I purchase the house I am currently renting. If they try saying they need more than $200K, are the texts enough to take to court?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, the short answer is that digital evidence such as texts, screenshots, emails and similar things are generally admissible today. Rules of evidence have expanded... View More

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Probate for Illinois on
Q: How can I ask for executor of estate bcuz of brother dying intestate have to help pay for me to relocate ..

Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More

Anthony M. Avery
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answered on Oct 21, 2024

Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.

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2 Answers | Asked in Tax Law and Real Estate Law for Illinois on
Q: If my property was sold in Illinois for back property taxes, can I ask for an extension?

My mother passed away in 2019. My grandmother had life insurance policy on her and agreed to pay the next three years of property taxes in Madison county Illinois. Well apparently she didn't, and I was served a certified letter about losing my home and property... Can I ask for an extension?... View More

Robert Shipley
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Robert Shipley
answered on Oct 13, 2024

There is a redemption period for unpaid real estate taxes. Below is from the county clerk website from Madison County:

Contact us

Madison County Clerk

P.O. Box 218

Edwardsville, IL 62025

Call: 618 692-6290

Fax: 618-692 8903

Hours: 8:30 a.m. -...
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1 Answer | Asked in Landlord - Tenant, Foreclosure, Real Estate Law and Civil Rights for Illinois on
Q: Disposal of tenants personal property after eviction but no order/notice as to the tenants property, not abandoned

After foreclosure, tenants not parties to foreclosure and no notice to lis pendens. Previous owners to mortgage never found. Tenants of 5 years on property. Day of eviction order, clearly are loading up their belongings and in process of moving but don't have everything out yet, landlord... View More

James L. Arrasmith
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answered on Oct 13, 2024

In Illinois, landlords must follow specific procedures when evicting tenants, even after a foreclosure. If you were evicted without proper notice regarding your personal property, the landlord may not have the right to dispose of your belongings immediately. Typically, landlords are required to... View More

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

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

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

There is a tab above, "Find a Lawyer." It has a section for construction law attorneys. You could use that to supplement your own independent searches. Local and state bar associations usually have attorney referral sections. Those resources are outside this Q & A forum. Good luck

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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.

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