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Illinois Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Probate for Illinois on
Q: My husband passed away and legally left me his business. Do I still need a lawyer to sell the building?
Ray Choudhry
Ray Choudhry
answered on Aug 26, 2018

Depends on how it was left to you.

Were you a joint tenant.

If so, it belongs to you.

Otherwise, may need to probate his estate.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: I’m purchasing a REO bank owned property that I’m being told I have to pay the past due HOA dues & sewer.

Otherwise they will not turn on water to the property & they will not approve the sell to me? I have a clear title. Why would I pay for someone else’s delinquencies

Vincent Gallo
Vincent Gallo
answered on Aug 22, 2018

It appears that these are the terms that they are requiring. You have a choice, tell them “no” and don’t purchase this property and find something else.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If two parties own property and one dies and leaves their half to their children. Do the children have the same rights

as the living owner.

James G. Ahlberg
James G. Ahlberg
answered on Aug 18, 2018

If the first two parties held title to the property as joint tenants or by the entireties, the answer is no. If the first two parties held title to the property as tenants in common, the answer is yes, but the surviving owner has a 1/2 interest in the property and the decedent's former 1/2... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can someone please explain the legality of assigning contracts for a fee without a real estate and/or brokers license?

I am hoping someone can explain the whole process of how/why assigning contracts is legal or illegal in Illinois. Without a real estate/brokers license, that is. I've done so much research upon the topic and I have yet to find a (or what seems like a) legitimate answer. Can someone maybe... View More

Ray Choudhry
Ray Choudhry
answered on Aug 15, 2018

Please explain what you mean by assigning contracts.

Give an example.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do you have to own the property to be a landlord in the state of Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Aug 15, 2018

Typically yes, but it depends on how you define the word "landlord." I suppose it could be used to refer to a tenant who subleases property to someone, but that would be an unusual use of the word.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: I have a private mortgage and the lender died. Can lender's family and probate judge make me refinance?

My mortgage with the private lender is signed and notarized. I am always current with my payments (principal, interest, and property tax). The lender is going to die soon and his family told me that I need to refinance and that the probate judge will likely make me pay the mortgage in full... View More

Ray Choudhry
Ray Choudhry
answered on Jul 22, 2018

There is a note and mortgage.

The note says when the payment is due.

Most notes say that the terms of the note apply to assigns and heirs.

His estate will own the note.

The terms of the note don't change.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Why am I being charged so much for POA for house sale?

I am selling a house that is in trust and I am the successor trustee. *I can't attend the closing* so I will be signing documents at my attorney's office a couple of days ahead of closing. It's my understanding that because this is a trust, signed, original documents are needed so I... View More

Vincent Gallo
Vincent Gallo
answered on Jul 21, 2018

Then just attend the closing and dispense with this issue. On another note, did the attorney who created the trust advise you of the fact that as a fiduciary you would likely need to personally attend the closing?

1 Answer | Asked in Consumer Law and Real Estate Law for Illinois on
Q: Am I responsible for sewer bill on a house I recently purchased with no running water? Comptroller said since the owners

Prior didnt fill out an abatement form that I would be responsible. I have to fill the form out and it would cease any further bills but not the two months of bills they have sent out .

James G. Ahlberg
James G. Ahlberg
answered on Jul 21, 2018

Matters like this are normally covered as part of the real estate closing. If no one did a readout to close the account for the sewer bill as to the prior owners through the date of the closing on the property, you're probably going to be stuck with it if you want future service at the premises.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Landlord is storing items in locked closets in the basement. Do I have the right to verify what is in there ?

lease of course makes no mention of any use of any closets. It also makes no mention that she is using those closets. Who know what is in there. Perhaps she has a meth lab or something else illegal going on in there.

James G. Ahlberg
James G. Ahlberg
answered on Jul 11, 2018

Does the description of the property you're leasing include the closets? If it doesn't, you probably have no right to verify what's in there. Is it your stuff being stored in the closets? If so, you probably have a right to verify that it is still there and stored safely.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Condo sellers didnt disclose building & unit water intrusion issues.

I purchased my condo 6 months ago. Two months later, we were hit with significant snow, then heavy rain. Water came through every window header, master closet header, garage, etc. Water remediation was done in my unit through my insurance (HOA ins blamed building neglect). I still have open drywall... View More

James G. Ahlberg
James G. Ahlberg
answered on Jul 8, 2018

Go back to your real estate attorney who emphasized buyer protection. Explain the problems you've experienced and that you relied on his or her advice. Then look at him or her expectantly and say, "What do we do now?" I should emphasize this is not your lawyer's fault, but it is... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I had to move out of my rental(broke lease) due to property being unlivable. Can i sue for security and rent

Owner only wants to give back security. We only lived a property for 42 days and the entire time we had issues, plumbing, broken appliances, and sewer issues.

Steve McCann
Steve McCann
answered on Jun 25, 2018

It is certainly possible, but the viability of prevailing and recovering in such a lawsuit is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including any pictures and communications with your previous landlord,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Family Law for Illinois on
Q: Is it illegal for my mom to move without telling me if her house is my legal residency and she has my stuff in her house

I'm 19 and she moved without telling me that she was even planning to move. Some of my stuff is still with her in her new house and documents such as my birth certificate and citizenship papers are also with her.

Gary Kollin
Gary Kollin
answered on Jun 23, 2018

I’m sorry. Your mother needs your permission to move?

Did you ask her for the items?

If she doesn’t want to give you your property, consider a writ of replevin

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I've been renting a duplex for 3 years. I asked about return deposit and landlord gave me a laundry list of repairs

We painted, patched holes and cleaned carpet. I also asked for a walk thru prior to leaving and they didn't reply. THis is $1800 deposit and I'm sure I won't get any back after telling me it needs new carpet, paint and other repairs. We left the place immaculate after being there... View More

Steve McCann
Steve McCann
answered on Jun 20, 2018

Assuming the duplex was in Chicago and is subject to the RLTO, you may have a few different options. That said, it is an extremely technical analysis, and I highly recommend you consult with an attorney individually prior to discussing this matter with your landlord any further.

Many of us...
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1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Can a remainderman of a life estate put their share of the estate into a trust?

A mom owns a house with a life estate on it. She conveyed the house to her daughter and son as tenants in common. The daughter wants to put her portion in a trust. Can she do this and if so how? It would be great if you could explain your answer also!!!!! New Hampshire law if it matters too!!!!!!

Vincent Gallo
Vincent Gallo
answered on Jun 4, 2018

In New York, the answer would be yes most certainly.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I've been renting a home for 3 months and now the landlord has decided to sell the home he has people coming by everyday

I have two children I'm a single mom I don't know what my rights are what I can do he's telling me he has every right to have people come by whenever he wants so that they can see the home so that they can buy it please help sincerely helpless

James G. Ahlberg
James G. Ahlberg
answered on Jun 4, 2018

Check your lease. What does it say about the landlord having access? Whatever it says controls this situation. If nothing else, ask the landlord to give you at least an hour warning so you have "time to pick up things so it looks better and you'll get a better price."

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: If you are put on a deed/title to a home, can a relative claim your share if you suddenly pass

My fiance is the soul owner and is skeptical about this. Cant i put it a will or notarized letter stating that no one in my family would be entitled to my share if i passed away.

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2018

There's no good way to answer this without more details. For example:

1. if the property is just in your fiance's name, he/she can leave it to anyone he/she wishes in a properly drawn and witnessed will. (This means get it done by a lawyer - do NOT download a form from the...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Dream house sold out from under us!

Yesterday we finally found "The House". We knew it would move fast so we immediately made an offer at 11:00 am for 95% of list price. The listing agent had a showing scheduled for 1:00 pm. Knowing that, we increased our offer to 100% list price. She waited to present our offer until after... View More

James G. Ahlberg
James G. Ahlberg
answered on May 21, 2018

Just move on unless there was a written and signed agreement that you'd get an opportunity to outbid the other buyer.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: Can a landlord serve only a 5 day notice and sit your belonging outside without a court order?

My husband missed three weeks work to take care of his mom who had back surgery...the landlord knew ahead of time we wouldn't have money for a couple of weeks ...he is saying that we have to come up with $1500 by Saturday or move we offered $900 he refused.

James G. Ahlberg
James G. Ahlberg
answered on May 18, 2018

The answer to your question is, "No."

1 Answer | Asked in Real Estate Law for Illinois on
Q: Our land survey shows neighbors driveway extends onto our property. How to proceed?

They are original owners of home since 1998. We moved in our home in 2011

James G. Ahlberg
James G. Ahlberg
answered on May 12, 2018

It depends on how far the driveway extends onto your property. If it is such a small amount that you don't mind giving up that slice of your property, show the survey to the neighbors and offer to give them a deed (yes, give it to them) to the minimum amount of your land necessary for their... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I was wondering if Someone can look at my lease . I don't want my ex girlfriend living with me .

She is on the lease. She is listed at co applicant and I"m the primarily account holder. I pay all of the rent and she only paid 37 dollars .

She has been damaging the house. Yelling and fighting with me. I am scared of her and what she will do to her self. She is very sneaky

James G. Ahlberg
James G. Ahlberg
answered on May 12, 2018

Just a thought: Explain all of this to the landlord and see if he'll evict her because she's damaging the house, without evicting you at the same time. Good luck.

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