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Illinois Real Estate Law Questions & Answers
0 Answers | 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

0 Answers | 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.

1 Answer | 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

0 Answers | Asked in Business Law, Consumer Law and Real Estate Law for Illinois on
Q: Can I expedite the solar panel removal for roof repair after a May 2024 hail storm affecting my house in Illinois?

I had solar panels installed by Sunrun, and after a bad hail storm in May 2024, my roof needs repairs. Sunrun is supposed to remove and replace the panels for roof repairs according to their contract. Despite multiple emails, they haven't done so and keep assigning my complaint to different... View More

0 Answers | Asked in Real Estate Law, Gov & Administrative Law and Civil Litigation for Illinois on
Q: Need assistance with demand letter to city for property neglect due to altered water flow.

I am seeking assistance in drafting a demand letter to address the neglect of my property by the city. Years ago, the city altered the water flow on my street, failing to provide proper drainage. As a result, rainwater runs down my driveway, eroding my property down a hill. In March, this erosion... View More

1 Answer | Asked in Business Law and Real Estate Law for Illinois on
Q: Is a landlord liable for harm from tenant's intoxicated patrons?

As a landlord with a commercial tenant who serves alcohol, I am concerned about potential liability. The lease agreement does not contain specific clauses related to liability for selling alcohol, there haven't been any incidents involving harm caused by an intoxicated patron, and I am not... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 4, 2025

The short answer is yes. Look at the Illinois Dram Shop Act for more details, but a landlord of an establishment that serves alcohol may be jointly and severally liable for losses arising from the serving of alcohol.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Illinois on
Q: Does 'per stirpes' affect who receives real estate first in a TODI?

I have a Transfer on Death Instrument that states: 'Upon my death, the described real estate shall be Transferred, Conveyed, and Quit Claimed to the designated beneficiaries in equal shares, per stirpes, to my friend H and Y, as tenants in common.' Does this language mean my friend H is... View More

Anthony M. Avery
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answered on Feb 27, 2025

No, that devise is to both H and Y at the same time when the grantor dies.

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

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