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Illinois Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Illinois on
Q: Is there any way to stop the County Clerk's Office from putting my house up for a "tax sale," as they call it?

I live in DeKalb, Illinois. I lost my job way back in April. I am unable to pay my real-estate tax, which is over $3,000. It's just a little late, less than a month late, and they're already talking about a "tax sale," which is basically selling the taxes to a third party who... Read more »

0 Answers | Asked in Real Estate Law for Illinois on
Q: Are real estate agent in Illinois required to disclose code violations that could be costly to fix?

We bought a condo about a year ago. And we feel bamboozled.

A couple of months ago, the board informed me that some windows near the fire escape are not up to code and must be replaced. The seller's real estate agent (a condo board member) knew about the issue but did not disclose it... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Hi, We never got a receipt for our security deposit, live in IL. We want to get our of our lease. What can we do?

Hi,

We are in dispute with our landlord (1 private owner) and are trying to find leverage for her to allow us to get out of our lease. As for now, she denies us this option. She has still not handled several details we have asked for months, like fixing the AC (it has been broken for three... Read more »

0 Answers | Asked in Real Estate Law for Illinois on
Q: Can a house be transfered to someone who is not on deed if they can no longer afford it?

I purchased a home with my girlfriend and she moved out I was the one who put more money down 25K but I'm not on the deed since I have no credit and work on my own I was not able to be on it. Now that she's left I stayed at the home, is there a way she can transfer or add me or give me... Read more »

0 Answers | Asked in Real Estate Law for Illinois on
Q: My landlord has offered me the opportunity to buy the house I’m renting from him “as is”. However, the roof has leaked

and leaking inside the house. The landlord took the insurance check and did not fix the roof. The offer to buy it came after this. He had it appraised a couple of months after I notified him of the leak. Since the roof did not get fixed within the 14 day notice as required by Illinois, can he still... Read more »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Contract company used my outdoor water faucet with their system to water new install even though responsibility is on me

The contract I have for my townhome states I am responsible for the lawn upkeep for the small part that I have in-front of my home, however, the contractors removed my water solution and put their own up which caused my bill to skyrocket way past what we were comfortable with. Basically is there... Read more »

0 Answers | Asked in Real Estate Law for Illinois on
Q: Our condo needs repairs to bring it up to code. The seller's agent knew but did not disclose it. Wasn't she required to?

We bought a condo about a year ago. A couple of months ago, the board informed us that some windows near the fire escape are not up to code and must be replaced. The seller's real estate agent (a condo board member) knew about the issue but did not disclose it before we bought our unit. We now... Read more »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: do u have a right to land that u thought u owned and lived on for almost 19 years that was supposed to be in your deed

I was notified by a neighbor that he owns part of the land my mobile home resides on for the past 18 years the map of the are shows that it is indeed his but the previous owner never had the surveyor come out when he purchased it or sold it to me and my husband. My other neighbor says he owns... Read more »

0 Answers | Asked in Foreclosure and Real Estate Law for Illinois on
Q: I found a release recorded from a mortgagor but then years later there is an assignment for the same mortgage. How ?

I am interested in purchasing this condo at a foreclosure auction but don’t understand the events recorded and if the other mortgage was ever actually released.

1 Answer | Asked in Real Estate Law and Small Claims for Illinois on
Q: Need help petitioning for surplus funds
Erik K Jacobs
Erik K Jacobs
answered on Jul 19, 2022

Are you referring to surplus funds that have been deposited with the Circuit Clerk after a foreclosure sale?

Erik Jacobs

Erik K. Jacobs | Cicero, France & Alexander, P.C.

6323 E. Riverside Blvd, Rockford, IL 61114

(815) 226-7700 |  (815) 226-7701 Fax...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a BPO have to disclose they were a bidder for a real estate deal.

I'm selling a house. I had received multiple offers on the same day. I had 1 come in slightly over asking and another buyer come in a-lot higher over asking. I choose the higher of the 2. The bank then did a BPO assessment. The appraiser waited till the last day of the contingency for the... Read more »

Steve McCann
Steve McCann
answered on Jul 12, 2022

Are you represented by an attorney in this transaction? If so, your attorney would be in the best position to answer your questions. If you are not, you absolutely should be. Many of us represent sellers on a flat fee that is only a few hundred dollars. As an attorney for the seller, we... Read more »

2 Answers | Asked in Real Estate Law for Illinois on
Q: We have a real estate agent who wants to cancel our contract & our relatives…

We hired a real estate agent to represent our home and my grandfather hired her to represent his home. Due to an issue between her and I, she wants to cancel our listing contract early. She also wants to cancel our grandfathers for no apparent reason. He is furious as his house has been listed with... Read more »

Steve McCann
Steve McCann
answered on Jul 12, 2022

Are the properties referenced in Illinois? If so, it is in your best interest to organize all documents that are relevant to this matter, including the listing agreement(s) with the realtor, and consult with an Illinois attorney. We can review the information, speak with the relevant parties, and... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Are buyers allowed time to back out of the accepted offer without losing the earnest money?
Erik K Jacobs
Erik K Jacobs
answered on Jul 5, 2022

The answer depends on the language in the contract. Oftentimes buyers are allowed to cancel a contract if a contingency fails. There are a number of different buyer contingencies that can be found in contracts - financing, appraisal, subject to the sale of the buyer's home, inspection, etc.... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: My husband has power of attorney of his father's finances. Does he need his father's signature for a quit claims deed?

There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.

Erik K Jacobs
Erik K Jacobs
answered on Jun 22, 2022

Well, this is a tricky situation. First, is your father-in-law competent? If so, then he should handle the transaction on his own. It is much cleaner that way. If he is not competent, then an important question would be "who is your father-in-law quit claiming the property to?" If it... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Tax Law and Real Estate Law for Illinois on
Q: Not allowing a w2 earning cannabis employee to use a fed. Grant is taxation without representation, correct?

I've been trying to recieve a federal grant/loan for buying a home. Down payment assistance is something my family needed, so we decided to try a USDA or FHA loan. We have been told by multiple loan officers that because of my place of employment, I cannot recieve these funds. I pay federal... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jun 3, 2022

No. Taxation without representation means that a group of people has a tax imposed on them by a government in which they had no right to elect a representative (such as a member of the Illinois House of Representatives, a state senator, a Congressman or US Senator) who could participate on behalf... Read more »

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1 Answer | Asked in Real Estate Law and Family Law for Illinois on
Q: Back in 1997 I was married and my then husband purchased a house.

I had to sign "Solely for the purpose of waiving homestead rights" It states that right on the documents. He was the guarantor. Not me. We are divorced and have been for 22 years. He is now in default on that loan and it is coming up on my credit report. The mortgage company won't... Read more »

David Giffin
David Giffin
answered on Jun 8, 2022

Under Illinois law, married couples can be held jointly responsible for certain debts that arise during a marriage, even if only one spouse signs off on the debt. Solely waiving your homestead rights would likely not affect or limit this legal rule. Assuming you or your family lived in the home... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Our daughter hasn’t paid her share of the mortgage for 5 months putting us in a financial bind. What can we do?

We own the home we live in with our daughter. She is living in another state. She is refusing to pay her share of the mortgage.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 13, 2022

Any and all notemakers are jointly and severally liable for the indebtedness. There is no proportionate share unless some notemaker sues the other for contribution, and wins. Foreclosure is against the land and the lender can sue any notemaker for the entire debt or deficiency remaining.

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... Read more »

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: I have a commercial lease which I pay a portion of the real estate taxes. Do I get to see the actual bill.

The building owner just creates an invoice of his own on quickbooks and never shows the actual tax bill, and then bills me again for a revised tax bill. Should I be allowed to see the bill and then the revised bill?

Robert Shipley
PREMIUM
Robert Shipley
answered on Mar 11, 2022

You should review the lease which should have a clause which describes how your proportionate share of the real estate taxes are calculated as well as language which provides you with the opportunity to review the tax bill as well as any other documents relied upon by landlord to pass through your... Read more »

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: We bought a home from my dad but he passed away before being able to put it in our name. How do we transfer the deed

My dad purchased my grandmas home when she went into a nursing home and sold it to my husband and me. He died before being able to transfer the deed, how do we get the house in our name? He did not have a will and my mom and two siblings are still living. We also didn’t have a written agreement... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Feb 23, 2022

In order to be enforceable, Illinois, and all other states, require that agreements for the purchase and sale of real estate be in writing. However, this is not insurmountable. First, did you pay your father for the property and can the transfer of funds be documented? More importantly, were... Read more »

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