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Illinois Real Estate Law Questions & Answers
0 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Illinois on
Q: Am I liable for roof issues after selling a house and passing inspection?

I sold a house with a contract requiring me to hire a licensed roofer to install a new roof. However, the buyer's real estate agent informed me that I could install it myself, as I was still the owner, which I did. The roof passed inspection as sound and up to code. Now, the new owner, after... View More

2 Answers | Asked in Family Law, Child Support, Bankruptcy and Real Estate Law for Illinois on
Q: Inquiry regarding rights for house and child support with joint mortgage situation.

I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More

Cheryl Powell
Cheryl Powell
answered on Apr 12, 2025

You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More

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1 Answer | Asked in Real Estate Law, Consumer Law and Insurance Defense for Illinois on
Q: How can I legally address repeated sewage backup flooding my basement?

I own a property that is experiencing sewage backup, which floods my basement through the downstairs toilet. This issue has happened three times now, and I have filed two claims with my insurance company, resulting in them planning to drop my coverage. I had a plumber install a backflow preventer... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds like an exhausting and costly situation, and you're right to want to take legal steps. If the city is responsible for maintaining the sewer system and their negligence is contributing to the backups, you may have grounds to file a claim against the city for property damage.... View More

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: Can a loan forbearance affect removing co-borrower from mortgage?

I am on a mortgage loan with someone else, and they took out a forbearance on the mortgage to freeze payments for a few months without my knowledge. We both signed an agreement stating we are each 50% liable for the loan. I haven't yet talked to a lawyer or the mortgage company, but I want to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The unilateral forbearance action taken without your knowledge may constitute a material breach of your co-borrower agreement, potentially creating grounds for legal remedy. Mortgage contracts typically require all borrowers' consent for modifications affecting repayment terms, making this... View More

Q: Is it legal for police to evict without notice due to a water leak?

I live and work at a hotel in Illinois under a verbal agreement with the owner that I work three hours a day in exchange for my room. Any extra work is supposed to be paid in cash. Recently, the police showed up and said that everyone had to leave the building due to a water leak in another room. I... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re in a tough situation, especially with such short notice and no written agreement. In Illinois, a verbal agreement still holds some weight, and while the hotel owner may have the right to end the arrangement, there are legal procedures that need to be followed before evicting... View More

Q: Legal action for nondisclosure of home issues?

Last fall, I purchased a home where the inspector was chosen by my agent, who had previously worked with him. After reviewing the inspection report, I raised concerns and wanted my own contractor to inspect the property, but this request was dismissed. I was advised to only focus on electrical and... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re asking a very important and practical question, especially when it comes to protecting your health and your finances after an accident. Since the other party’s insurance has accepted liability and you have a police report supporting your case, you have the right to seek medical... View More

1 Answer | Asked in Probate and Real Estate Law for Illinois on
Q: Do I need a lawyer to sell a deceased parent's property in Cook County, IL?

I am trying to sell my deceased parent's property in Cook County, Illinois, which is worth about $200K. There are no existing debts on the property or in the estate. The next of kin include myself and one other sibling, who is in agreement with the sale. No probate process has been initiated.... View More

James L. Arrasmith
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answered on Apr 12, 2025

Selling your deceased parent's property in Cook County, Illinois, requires careful navigation of legal procedures to ensure a smooth transaction. Since no probate process has been initiated, you'll need to establish clear legal ownership before proceeding with the sale.

In...
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Q: Landlord falsely accuses us, demands retro pay; need advice on steps to dispute.

My current landlord has falsely accused my wife and me of behaviors under clause 24 CFR 982.552(c) related to our former landlord, impacting our rental agreement and reputation. Despite providing proof that I reported my income change 10 days after employment through email, my landlord did not... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re facing a tough situation, and it’s important to act carefully to protect your rights. Since you’ve already provided proof that you reported your income change, the first thing you should do is gather all documentation that shows you followed the proper steps, such as... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Collections and Real Estate Law for Illinois on
Q: What should I do if falsely accused by landlord under 24 CFR 982.552(c)?

What steps should I take if my current landlord falsely accuses my wife and me of behaviors under clause 24 CFR 982.552(c) related to our former landlord, affecting our rental agreement and reputation, even though we never committed these actions? Our landlord communicated these accusations through... View More

James L. Arrasmith
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answered on Apr 11, 2025

This situation is extremely stressful, especially when you’re being accused of something you didn’t do and face the threat of eviction and financial damage. Under 24 CFR 982.552(c), a housing authority can take action against tenants for fraud or failure to report income—but it must be based... View More

2 Answers | Asked in Foreclosure, White Collar Crime, Employment Law, Real Estate Law and Criminal Law for Illinois on
Q: Facing foreclosure with forged loan documents in my name. What can I do legally?

I am facing foreclosure on my home, which was owned jointly with my ex-husband after our divorce. I've discovered forged paperwork in my name for a second loan, indicating we owe HUD $53,000, and my husband and his girlfriend lived in the house for several years. I have documents that show my... View More

Cheryl Powell
Cheryl Powell
answered on Apr 7, 2025

I would report the forgery to the police. If a foreclosure sale is already scheduled, does that mean they defaulted you on the note?

You may need to need to hire someone to vacate the default and stop the foreclosure.

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Q: How to address issues with my estate management board in Illinois regarding legal compliance and cost recovery?

I am the owner of an apartment building with 6 apartments in a housing estate located in Palatine, IL. The estate comprises 51 buildings, each owned by different individuals. The estate management board has not been adhering to relevant laws for over 10 years. Although I have overlooked some of... View More

James L. Arrasmith
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answered on Apr 12, 2025

You have a strong case for addressing the issues with the estate management board, especially if they are not complying with relevant laws and regulations. Start by reviewing the governing documents of the estate, such as the association’s bylaws and any applicable state or local laws that govern... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Illinois on
Q: Can permits allow public access to private property without permission in Illinois?

I own two properties, and on two occasions, permits were allegedly sold by a city representative that supposedly allows public access on my private property without due process or compensation. While the city claims these permits do not allow public access, local police refused to address... View More

James L. Arrasmith
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answered on Apr 12, 2025

If permits were sold without your consent, this could be a violation of your property rights. In Illinois, private property owners generally have the right to control access to their land, and any public access would typically require legal procedures, such as easements or eminent domain, both of... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Illinois on
Q: Should a pro se defendant receive all documents in a civil eviction case?

As a pro se defendant in a civil eviction case, should I expect to receive every document related to my case? I have received some documents, but I'm concerned there might be specific ones missing. I have also communicated with the landlord or their attorney regarding document requests.

James L. Arrasmith
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answered on Apr 12, 2025

As a pro se defendant in an eviction case, you are entitled to receive all relevant documents related to the case. This includes any notices, motions, pleadings, and other paperwork filed by the landlord or their attorney. The landlord or their legal representative must provide you with copies of... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Illinois on
Q: Homeowner rights to be informed about park developments in Illinois

As a homeowner directly across the street from a newly constructed splash pad in our village park, do I have any rights to be involved or informed about such developments? The village board did not provide me with any formal notifications or invitations for public meetings regarding this project,... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a homeowner, you have a right to be informed about local developments, especially if they could directly impact your property or quality of life. In Illinois, many municipalities have ordinances that require public notice and participation for projects, especially those that involve changes to... View More

2 Answers | Asked in Probate and Real Estate Law for Illinois on
Q: Do we need a bond in lieu of probate to sell an inherited home in IL?

In Illinois, if both parents are recently deceased and left a home valued at approximately $600,000 with no beneficiaries named, but have adult children who naturally inherit the property, and there are no debts or creditors, do they need a bond in lieu of probate to sell the home to a family... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Apr 8, 2025

Illinois requires court administration of real property if the decedent dies with realty in his name.

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1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Illinois on
Q: Can I arrange wage garnishment without court judgment for unpaid rent in Illinois?

I am being taken to court by my previous landlord for unpaid rent. We had an agreement that is now null and void, and I don't recall any specific terms in the lease regarding this situation. My landlord has previously expressed a preference for resolving matters personally rather than going to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Illinois, wage garnishment requires a court judgment before it can be legally enforced. You cannot arrange for wage garnishment directly with your landlord without going through the court process. This means that if your landlord wants to collect the unpaid rent through garnishment, they must... View More

1 Answer | Asked in Probate and Real Estate Law for Illinois on
Q: What forms are needed to close probate in Illinois with no outstanding debts?

My father, a resident of Rock Island County, Illinois, passed away intestate, leaving no assets aside from a 2007 Toyota Highlander and real estate valued at approximately $50,000. I am his sole legal heir and have submitted the Petition for Letters of Administration. Despite contacting the Circuit... View More

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answered on Apr 12, 2025

To close the probate case in Illinois, you will need to ensure that all necessary documents are submitted to the Circuit Court. Since there are no debts or liens, the process should be relatively straightforward, but you’ll need to complete certain steps. After being appointed as the... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: Can a signed real estate contract stop a sheriff's sale after foreclosure redemption period ends?

I am currently in the redemption period for a Judgment for Foreclosure and Sale, which will end on 04/03/2025. I anticipate receiving an offer to purchase my home sometime this week. The sheriff's sale date is yet to be set, but it will occur sometime after the redemption period ends. The... View More

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answered on Apr 12, 2025

If you're in the redemption period for foreclosure, the contract for sale may provide a possible solution, but it’s not guaranteed to stop the sheriff's sale. During the redemption period, you still have the right to redeem the property by paying the full amount owed, and you can try to... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Cost to transfer paid-off house title to relative in Illinois using a lawyer.

I'm giving a house to a relative in Illinois. The house is fully paid for. I want to know the cost involved in transferring the title to my relative, including any closing costs when using a lawyer.

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answered on Apr 12, 2025

When transferring a house title to a relative in Illinois, you'll face several costs that typically include both legal fees and government charges. For the lawyer's services, expect to pay around $500-1,000 for deed preparation, document review, and handling the paperwork submission... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: How can my wife take over the home mortgage if I die unexpectedly?

I would like to ensure that my wife can take over our home mortgage if I die unexpectedly. She is not currently a co-signor or co-owner of the property, and we do not have an estate plan in place yet. I have a life insurance policy that could help cover the mortgage. What steps should I take?

Nina Whitehurst
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answered on Mar 16, 2025

Under federal law, when a home loan borrower dies and the house is inherited by a family member, such as a spouse, the lender may not call a loan due or force the family member to assume the loan. All your wife will need to do is notify the lender that you have passed and that she has inherited... View More

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