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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: condo owner occupancy question in Chicago, IL

We bought condo in 2011 as a second residency. My mother also lives there. There were no concerns about it for 6 years, when condo association fined us $1000 and attorney fees because they claim that it is not our primary residence. Their bylaws do not specify that it needs to be a primary... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Mar 28, 2017

You will need to read the ByLaws, and any amendments, for the HOA to see if there is such a restriction/stipulation. If this is spelled out, there is not much you can do other than attempting to negotiate the amount of the fine or paying the fine outright.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Illinois on
Q: Can I legally separate a parcel with a joint agreement signed and notirized. Will it hold up in court at a later date?
Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Mar 17, 2017

Without more information, your question cannot be answered.

Specifically, is this a large, unsubdivided parcel of land, or is it adjacent lots that make up a larger parcel? If it is a large unsubdivided parcel you would need to obtain a new plat of subdivision describing the area to be...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: Can a landlord in Illinois deny your application because he/she THINKS others will be occupying the apartment with you?
Swati S. Desai
Swati S. Desai
answered on Mar 4, 2017

A landlord can deny your application for a number of reasons, as long as the reasons are not a protected class (eg. race, religion, sex, age, national origin, etc.)

1 Answer | Asked in Real Estate Law for Illinois on
Q: what does hard and soft mean for windows in a real estate contract. I took the drapes and left the blinds. did I breach?
Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Mar 2, 2017

I am unaware of either of the terms you have referred to, hard and soft, appearing in either of the two most common real estate purchase contracts used in the chicago metro area. If you were to provide the specific language appearing in the contract the question may be capable of answering. Did... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My tenant hasnt been paying and the eviction process is just about done now. I want to tow his car because he hasnt pai

D in months and I'd like to rent out the indoor, heated parking space. Can I do that?

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 28, 2017

If and when you have been given an order of possession and the tenant has been legally and forcibly removed from the unit in question, you should contact the building management regarding the removal of the unauthorized vehicle.

1 Answer | Asked in Animal / Dog Law and Real Estate Law for Illinois on
Q: Who do I contact about neighbors taking my dog out of my yard and into theirs without permission?

Not the first time this has happened, however, this is the first time I had to wait for the guy to go into his house to get my dog.

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 28, 2017

Contact the police if you have not given your neighbor permission to enter your yard and remove your dog. A simple "please don't do this anymore" would be a good way to begin the discussion, but if that has already happened and your requests have been ignored, you may wish to... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: If someone resides with me but is not helping financially, How do I go about evicting them legally?

We both legally reside in the home. I am just preparing for this type of situation in advance, so no papers have been filed but I would like to know what i need to do.

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 28, 2017

Without additional information regarding the other resident, it is very difficult to provide advice. For instance, do you rent or own the residence. Is the non contributing party a co-owner or a party listed on the lease agreement. Is there an agreement, written or oral, that the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Since my husbands death I want to add my sons name to the title of a house we owned.

This is a house that my son lives in and he pays the mortgage, Taxes , Ins., etc as his rent Since my husband has passed away I would like to add my sons name on the Title.

The Mortgage Co. says the only way to do that is I have to sell the house to him.

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 23, 2017

This can be done, you should call a lawyer to assist, real estate attorneys like myself routinely take care of these matters. You will need to have a deed prepared and have the deed recorded with the Cook County recorder if the home is in Cook County. A lawyer can explain the banks statement to... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My wife bought a condo before we got married and now we are renting it out. But my name isn't on mortgage paperwork.

There is no power of attorney at all. Do I have any legal right in signing my name on the lease agreement? My wife's health has deminished over last few years

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 21, 2017

If your name is not on the Title (Deed) then your signature is not necessary to execute a valid lease. Talk to a lawyer, get a POA so if push comes to shove and you need to evict you have the authority to engage an attorney to do so on behalf of a spouse who may not be able.

Your...
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2 Answers | Asked in Contracts, Real Estate Law and Estate Planning for Illinois on
Q: What are the legal implications if an executor of an estate wants to purchase the residential property of said estate?

The surviving siblings include one who is the executor. The offer to purchase the family home is being made with the condition that a real estate agent will not handle the transaction as a listing/sale, so as to increase the value of the estate to the heirs. How do the remaining siblings handle... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 21, 2017

The absence of a realtor is a plus and results in about a 5 to 6% savings for the estate.

If all of the heirs agree to the terms, including the purchaser/executor, each heir will have to sign the purchase contract agreeing to sell the property to the executor and will need to sign the deed...
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2 Answers | Asked in Family Law, Real Estate Law and Landlord - Tenant for Illinois on
Q: My uncle has power of attorney for my grandma. I rent a home from her. She's alive and of sound mind. Can he kick me out

He has told me I have 30 days to get out but she says to stay and that I'm not being evicted. He claims he as the ability because he is her Power of Attorney. He has also tried, as her medical power of attorney, to force her into a nursing home against her will but he found out that he cannot... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 21, 2017

You will have to see the POA and read the language of the POA to determine under what circumstances it becomes active. POA's are freely revocable (can be cancelled by your Grandma). Without knowing more, I'd say the power to proceed with the forcible (eviction) is 50/50.

Your...
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1 Answer | Asked in Probate and Real Estate Law for Illinois on
Q: My mom died December 15,2017and i am the the only sibling ,her sisters had remove and closed all heraccounts etc and

wil not release the unit key and the mortgage is two months behind and the property is in probate do i have to pay the morgage ?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 13, 2017

I am sorry to hear of your loss (I assume last year).... There are gaps in what you've posted that make it impossible to answer this question definitively, but IN GENERAL heirs are not responsible for the debts of the estate unless they WANT to take responsibility for them.

You are...
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2 Answers | Asked in Real Estate Law for Illinois on
Q: I'm married an own a house about 10 years ago my husband took his name off the house but the loan is still in his name

Do he still own the house to

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 11, 2017

The legal owners are those persons whose names appear on the last recorded deed(s).

Persons who have signed the mortgage or the note (payment IOU) have liability on the payment obligation to the lender, but do not necessarily have ownership.

Often times, A is the owner but both...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Neighbors are renters who do not upkeep the property. This hurts my property value. What can I do to the landlord?

These properties are on both sides of mine. They are owned by two different people, my wife and I own our house and are concerned about the lack of up keep on these properties hurting our homes value. Yard maintenance, building maintenance, and overall appearance of these properties are atrocious.... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

Contact the village.

There are ordinances in most cities that govern maintenance and upkeep of one's property.

Make a complaint about the upkeep or condition of the property to the City. This way, you are not personally involved and you can have the City take the lead...
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1 Answer | Asked in Criminal Law and Real Estate Law for Illinois on
Q: can I be a real estate appraiser in Illinois with a criminal background

I am on the verge of taking my state exam as an real estate appraiser I was wondering would my background hinder me

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

I would suggest contacting the Illinois Department of Financial and Professional Regulation (IDFPR) for answers to your question. You can contact the IDFPR at 888 473 4858 and more information can be found at http://www.idfpr.com/profs/appraisal.asp.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Where can I get a free download of an Affidavit of surviving joint tenant

I live in Indiana and husband died. I want kids to get house with no hassles when I pass

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

If the property is located in Illinois, you can obtain a copy here (please note that the property does not have to be located in cook county for this form to be applicable)

http://cookrecorder.com/wp-content/uploads/2013/02/Surviving-Tenant-Affidavit-AKA-Deceased-Joint-Tenancy-Affidavit.pdf

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Illinois on
Q: I would like to sell our property, but my wife is not in the U.S.

Hi Sir/Madam,

I would like to sell our property, but my wife is not in the U.S. and there is no way she would be able to come to U.S.

What is it that i would need from her to sell our property here in the U.S. (Note: Her name is on the title)...

As far as i could... View More

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

You could have the POA notarized by a notary at a US Embassy or Consulat.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can the county court take a house that has delinquent taxes even if the mortgage itself is current?

Shouldn't the bank that has the mortgage override the tax seizure?

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

Taxes are a superior lien and have priority over a mortgage, regardless of whether it is current. A tax buyer who purchases sold taxes can jump ahead of/wipe out a mortgagee (lender) and obtain ownership of the property if the taxes are not redeemed (paid) prior to the expiration of the statutory... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: If a home inspector suggests how to repair minor inperfections, does the buyer have to repair that way?

Or, can you address the repairs another way?

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

Assuming the inspection was conducted in connection with a purchase transaction, if an private inspector, not a village inspector, identifies a defect that is in need of repair, the owner/seller has the option to:

1. Do nothing and say they will not correct the defect

2. Remedy...
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1 Answer | Asked in Tax Law and Real Estate Law for Illinois on
Q: Property has been sold for taxes, Im not able to pay the taxes back by the redemption period how long do I have to stay?

Redemption period is 9/21/2016 my father's property he moved. Im still there, filed chapter 7 discharged May 2015.

Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Feb 2, 2017

You should contact a lawyer immediately if you have not already done so.

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