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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... Read more »

0 Answers | Asked in Real Estate Law and Banking for Illinois on
Q: Is it against the law for a bank to tell the realtors that a potential buyer has been denied 2 weeks before the client?

All the realtors involved were emailed immediately saying I was denied but didn't tell me until I got a letter in the mail 2 weeks later. Shouldn't I have been given the 3 day period to fix any mistakes and submit the info again? Also I was having problems finishing the app because their... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Grandparents put their house into a living trust & want me to have it. How to go about this?

What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... Read more »

Michael Goldberg
Michael Goldberg
answered on May 26, 2023

Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: I'm in Chicago, how do I remove the lien from my property after I fully paid the balance?

The lien is placed by the City of Chicago due to unpaid parking tickets. I paid all of them and I am in position of receipts.

Erik K Jacobs
Erik K Jacobs
answered on May 25, 2023

If the City has recorded a lien against the property in the Cook County Recorder's Office then you will need a release of lien from the City to have it removed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... Read more »

0 Answers | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for Illinois on
Q: Am I a lien holder, judgement creditor or owner for a turnover of surplus funds in DuPage County, Illinois?

My ex husband passed away over a year ago. I was named the administrator of the estate on behalf of my two children with my ex. There were no assets other than a home which was recently foreclosed upon by the mortgagee. The house was recently sold and there remains a surplus of approx. $38,000. I... Read more »

0 Answers | Asked in Contracts and Real Estate Law for Illinois on
Q: Illinois Condominium Law. Renting according to bylaws?

We are looking at amending rules to bylaws on renting. Currently we have had 2 units owners rent continously for over 6 years. 1 unit with same renters and other unit with 2 separate renters during the time frame of 6 years. We just need guidance here please. From our understanding these 2 units... Read more »

0 Answers | Asked in Real Estate Law for Illinois on
Q: Seller left car in garage its been 2 years. Does this belong to us now? How do we get a title?

They left a lot of stuff and never returned for it. Do we own all this stuff now?

0 Answers | Asked in Real Estate Law for Illinois on
Q: Hi, I need to get multiple residential homes titles/deeds names added (me and my sister) in Cook County.

Basically would like to add 2 children names to titles of multiple -parents rental homes.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Illinois on

sorry its a hotel should have been clear and guest was injured while living on property and bed bugs was the cause instead if him doing the right thing he illegal eavesdropped acts of retaliation , harassed hacked computer slowing her prep dow for case which caused her to not make it to court. He... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Apr 16, 2023

No. A lawyer has a duty to his client (typically the seller or the buyer of the property). He has no duty to the property itself and no duty to employees who work on the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying my home contact for deed. I've paid on it for almost 4 years. I'm behind on payments and the owner said he

Wants me out but I found out he has a mortgage on it and several other properties and he's going into foreclosure. Idk if he ever recorded it. Can I request to rescind and get my money back? Or is it pointless since he obviously has no money?

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

It may not be pointless just because he has no money - you need to find out whether there will be any remaining equity in the house after the mortgage lender (and any other lienholders ahead of you) are paid. But it could be pointless if being behind in your payments means you're in material... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a real estate lawyer have to review the offer to send to the seller?
Erik K Jacobs
Erik K Jacobs
answered on Mar 4, 2023

Not necessarily. I often have clients, particularly those without Realtors, that have me review an offer prior to submission to the seller. However, most standard contracts have attorney approval clauses which allow for attorney review once the contract is complete. Depending on where you live,... Read more »

1 Answer | Asked in Real Estate Law, Business Law and Constitutional Law for Illinois on
Q: I'm a condominium owner in Chicago, IL. I want to publish an association newsletter; am I entitled to association list?

I have published newsletters previously, The previous management company's provided the mailing list. The current management company will not. Am I entitled as a owner, to the home-owner mailing list for that particular purpose?

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

The answer to this question will depend on the specific rules and regulations of your condominium association. Typically, condominium associations are governed by bylaws and regulations that outline how the association operates, including how information is shared and distributed to unit owners.... Read more »

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Was joint tenancy owner of home (in Illinois) with my mother who died 4 years ago. How do I clear deed for future?

What do I need to file (mothers death certificate?) in order to clear the house for future sale or for adding another family member to the deed? I have kept the taxes paid and up to date and currently residing in the house.

Stephen Sotelo
Stephen Sotelo
answered on Feb 20, 2023

In cases where the most recent deed in the chain of title reflects title held by co-owners "as joint tenants" and one of the co-owners passes away, the next step would be to

(1) complete a Surviving Tenant Affidavit a/k/a Deceased Joint Tenant Affidavit (example form:...
Read more »

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Q: I need to change my farm land recording to my trust. My attorney has not followed through. Can I record it myself?
James G. Ahlberg
James G. Ahlberg
answered on Jan 27, 2023

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: How would you include the %'s in an Illinois Executors Deed when you have 1 executor but multiple heirs/grantees (6)?

Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?

Stephen Sotelo
Stephen Sotelo
answered on Jan 23, 2023

An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.

On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: I found my dad's estate house after years it's under tjomas phebus and marylou phebus my grandma. Fraud going on

Soneone is paying 5.000 a yr they're signing marylou phebus she is deceased

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 23, 2022

sounds like you should retain an attorney privately, since there could be some serious criminal activity going on

1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Can a stepmother evict you from a property that was given to me after my father's death.

My stepmother gave me a property after my dad's death and now she is taking me to eviction court and the papers say possession only.

Erik K Jacobs
Erik K Jacobs
answered on Dec 20, 2022

I'm unsure of what you mean when you say she "gave" you the property. Did you receive a Deed to the property? I'm guessing not. If you were given a deed, then she would not be able to simply evict you.

Was the home held by your stepmother and father as joint tenants...
Read more »

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