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Illinois Real Estate Law Questions & Answers
2 Answers | Asked in Divorce and Real Estate Law for Illinois on
Q: Husb got house in divorce. Was ordered to refinance and take wife's name off, which was never done.

Ex-husb now on deathbed. What happens to house with wife's name on loan when he dies?

Ray Choudhry
Ray Choudhry
answered on Sep 18, 2017

It will belong to his estate.

The estate will sell house and pay off loan.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Do I have to leave if I got a forcible entry / detainer order
Ray Choudhry
Ray Choudhry
answered on Sep 15, 2017

If they have order of possession.

1 Answer | Asked in Real Estate Law and Personal Injury for Illinois on
Q: I wasnt warned that the building at my showing was a construction zone. I fell and injured myself inside the property.

Is there anything I can do? The broker didn't even ask if I was ok or offered to help me with medical atention

Josh Rohrscheib
Josh Rohrscheib
answered on Sep 13, 2017

Unfortunately, it's hard to give you meaningful advice without more information. Are you a realtor? What exactly caused your fall? How serious are your injuries? Feel free to contact me at the office if you'd like to discuss your specific situation in detail. Best wishes for a speedy recovery!

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I entered into a one-year lease for an apartment on or about October 15, 2014. The lease was never renewed.

I remain in the same unit. Rent has been paid up-to-date. Can I be given a 30-day notice or do I have an implied one-year lease?

Ray Choudhry
Ray Choudhry
answered on Sep 13, 2017

Read the lease to see if it renews.

If not, you are renting month to month.

Either party can give 30 day notice to terminate rental agreement.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Does an eviction notice need to be from a court order or a sheriff to be legal?

My landdlord gave me a typed 30 days eviction notice. In our rental agreement it says "the tenant or landlord may terminate this lease by a 30 day notice". Its not hand written. Its not court ordered. And its not from a cop. Therefore, I plan to wsit the 30 days and not,move out. She will... View More

Ray Choudhry
Ray Choudhry
answered on Sep 9, 2017

It was not an eviction notice.

It was a termination of rental agreement notice.

If you do not leave, then landlord will have to file a lawsuit to evict you.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Illinois on
Q: my husband went and wrote up a wil no lawyers he said i will have to sale everything and split it with his children

my husband and his kids went and wrote up a will saying i was to sale everything and split it with his kids the place we own is in my name can this happen his will was only written up by his daughter since we are married can he do this ?

Ray Choudhry
Ray Choudhry
answered on Sep 7, 2017

When he dies the only thing in issue will be the stuff that was in his name alone when he died.

Your house is in your name and has nothing to do with his estate.

You as widow will get $20,000 off the top.

No matter what his will says, you will get one-half of the rest....
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Have retaining wall on property line, specifically was told not ours, now neibor says it is. Options? More to story.

We have owned the property for 1.5 yrs. Realtor said retaining wall not ours, but not in writing. No property lines are marked. Lady is threatening to sue. In our small town, lines are vague at best. We specifically asked about the wall when looking at the property, being we were not liable, we... View More

Steve McCann
Steve McCann
answered on Sep 5, 2017

You can obtain a survey of the property, and consult with a real estate attorney to determine the best manner in which to move forward. A real estate attorney can also search public records and attempt to work a deal out with the neighbor, depending on the results of the survey/record search.

2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Deceased parents' estate left to me in will. Do i have to take ownership? Estate underwater, now city wants to demolish

My mother passed away in 2012, my father in 2010. They left their real estate property to me, but since it was underwater I didn't accept ownership. Mailed the keys and a letter stating i was not executor to the mortgage company. Now, years later, the city has summoned me to court to state... View More

Ray Choudhry
Ray Choudhry
answered on Sep 2, 2017

How did the city tie your name to the property.

That will provide the answer.

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2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: How long after a parent dies can the heirs take over the mortgage?

Also, what would an heir need from an executor to take over said mortgage?

Ray Choudhry
Ray Choudhry
answered on Aug 24, 2017

Do you mean deed the house.

Anyone can make the mortgage payments. The bank doesn't care where the money comes from.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Do you handle cases for Chicago ? If not can you please refer a lawyer .

It's commercial

Carol Cadiz
Carol Cadiz
answered on Aug 22, 2017

This depends on what kind of "cases". Since you ask under "real estate law", I am wondering if you mean residential real estate closings, in which case the answer is yes.

1 Answer | Asked in Real Estate Law and Business Law for Illinois on
Q: Thanks, followup question.If we go for option 1 i.e creating a legally binding agreement of how income Should be divided

Can you create a document for such a partnership, what would be fee.

Ray Choudhry
Ray Choudhry
answered on Aug 22, 2017

Our office charges on an hourly basis.

It is best to hire a local lawyer.

1 Answer | Asked in Real Estate Law and Business Law for Illinois on
Q: Thanks for the response. Can you create a partnership agreement. What is fee?
Ray Choudhry
Ray Choudhry
answered on Aug 22, 2017

We are in Western Illinois.

1 Answer | Asked in Real Estate Law for Illinois on
Q: 2 partners purchased a property which is fully rented . 1 is managing it and gives no profit or share of income to 2 .

Both are family members, one claims since he is managing he deserves to have all rents collected.. I disagree both should have access to bank account and other details of property and share of income generated . What can be done to ensure that both gets fair share. Also to avoid family drama is... View More

Ray Choudhry
Ray Choudhry
answered on Aug 22, 2017

This is a partnership.

Either parties work out in writing what each will do and how much each will get

or

Break up partnership by one buying out the other or just sell it and divide up the money.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Illinois on
Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?

Our house is older on a main street in town. The person called and asked if they can come in and track a water line we said sure they drilled small hole and filled, but today they came out after me and wife left for work no warning and completely tore up 3/4 of our driveway as well as messed up... View More

Ray Choudhry
Ray Choudhry
answered on Aug 16, 2017

Usually the cities provide the water.

Is it a private water company.

There are rules as to what can be done if the water lines have a problem.

If it is the city, check with them as to what they plan to do.

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can and DEED IN TRUST be filed and recorded after death, no will nor did the estate go ever into probate.

CLTC filed deeds in trust on 2 possible 3 properties that had clear titles, no liens or mortgages on them. 1 is estimated at $480,000. Mom died 2010 dad 1994. They were dated 1-27-2014 and recorded 8-31-2015. How is my sister getting away with this. Yes I know that I need an attorney but I... View More

Ray Choudhry
Ray Choudhry
answered on Aug 11, 2017

The point of putting properties in trust is to avoid probate.

Once they were deeded to the trust, the trust spells out what happens.

The Trustee will carry out the trust instructions.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Who has ownership of home and property after both parents died without a will.

My biological Mother passed away first without a will. The property was in her name only. My step-father passed while I was overseas. My half-Sister, 2 Half-Brothers went to a lawyer thinking that they could get everything and have me sign papers giving everything to my younger Half-Sister. I... View More

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2017

The house belongs to the mother. It will continue to belong to her until someone is authorized to sign her name to a deed.

Her heirs are her spouse and children.

Since husband was alive at time of her death, he gets one-half and children divide the other.

The husband's...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: If my condo is in a trust in my name and I want to add my ex-husband as an owner of the property, what is the best way?
Ray Choudhry
Ray Choudhry
answered on Aug 2, 2017

Condo belongs to the trust not you.

In the trust you can name him as the recipient of the house on your death.

Or, you can take it out of the trust and have the trust deed it to the two of you as joint tenants.

You may want to check with the lender and condo association to...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a buyer request to pay an earnest money deposit on a cash sale at closing?

I am looking into purchasing an investment property with cash received from a hard money lender (Keystone Funding Network) who funds 100% of the sale, fees, and rehab upon approval; however, an offer must be accepted by the seller before getting approval on the sale and contract. Per the guidelines... View More

Ray Choudhry
Ray Choudhry
answered on Aug 1, 2017

The earnest money is to insure that the buyer follows through or loses the money.

If it's going to be paid at closing, what's the point.

1 Answer | Asked in Real Estate Law for Illinois on
Q: can we, as homeowners put a lien on someones property? What can we do?

Our next door neighbors have let the house go, they have not lived in it for 2 years. Looks like they are getting ready to sell it or short sale it. We have been cutting his yard and rescued his boat and dock from floating away in the flood. The neighbor just flew in today and stopped at his house... View More

Ray Choudhry
Ray Choudhry
answered on Jul 29, 2017

Lien for what?

He didn't you to do anything for him.

If the property was unsightly you should have reported it and the authorities may have cited it.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If a real estate investor offered to buy condos, but lower than mortgage, how does that work?
Ray Choudhry
Ray Choudhry
answered on Jul 25, 2017

Mortgage has to be paid before the lender will release mortgage.

Sometimes, lender will take the purchase price and have the seller sign a note for the balance.

Sometimes they call it even.

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