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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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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 »
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 »
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?
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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 »
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.
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 »
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 »
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?
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 »
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.
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 »
My boyfriend is buying a home we will live in together. The loan is VA so I can't be on the title until we are married, but I don't want to invest money into renovations if I have no legal rights to it. Is there any sort of contract we can create and sign that promises to pay me back a... Read more »
answered on Oct 24, 2022
I always counsel boyfriend/girlfriend client situations to ask themselves what documentation would they want if the other person were not your boyfriend/girlfriend. It is a mistake to think that the status of boyfriend/girlfriend has anything to do with the commercial arrangement of loaning money.... Read more »
Fix the default well she already has put a for sale sign in the yard and has the house on market place for sale for 20,000 and I was only paying 10,000 also have already paid 9,000 so only owe 1,000. What can I do?
answered on Oct 14, 2022
Well, Illinois law deals specifically with Installment Contracts in the Installment Sales Contract Act, 765 ILCS 67/1 et seq.
Under that Act, a purchaser who is in default has a 90-day period to cure the default before a seller can bring any sort of action against you. Further, under the... Read more »
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 »
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 »
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 »
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 »
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 »
There is no mortgage or liens on the property. The property needs to be rehabbed as it has mold and other issues.
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 »
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 »
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 »
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 »
answered on Jun 3, 2022
Well, its not taxation without representation because you're not getting taxed. Cannabis is still illegal at the federal level, so there are issues that Cannabis establishments have with banking, etc. I have never heard of an employee who is getting paid wages being denied from receiving a... Read more »
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 »
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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