Lawyers, Answer Questions  & Get Points Log In
Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: My ex and I are both on the title to a home - he alone is on the mortgage. Home is in foreclosure. Am I responsible?

My ex refinanced the mortgage without me, now the home is in foreclosure. Can I be held responsible for anything since I am not on the mortgage? He filed for bankruptcy protection, but I have not, not do I want to file. I have received a summons, but I live 1,000 miles away and cannot afford to go... Read more »

Ray Choudhry
Ray Choudhry answered on Feb 11, 2019

Take a look at the foreclosure complaint that was attached to the summons.

Does it ask for a personal deficiency against you.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If a contractor demands payment for a job not complete and threatens to put a lien on my property can he do that ?

I would like to hire another contractor to finish the job A.S.A.P.

James G. Ahlberg
James G. Ahlberg answered on Feb 11, 2019

There are a lot of details necessary before your question can be answered. Your best bet is to gather every scrap of paper you have dealing with the situation and make an appointment with a lawyer. Don't forget to bring all the papers and forms the contractor gave you before he started working on... Read more »

2 Answers | Asked in Divorce and Real Estate Law for Illinois on
Q: After divorce, my ex still owns a portion of the house. Now, I'm selling. Do I get all the principal I paid back?

He'll get a portion of the proceeds, but does my principal come off before that?

Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a mortgage of... Read more »

Ray Choudhry
Ray Choudhry answered on Feb 8, 2019

Read the divorce papers. He gets what they say he gets.

Don't forget a person living in the house and making payments is also living in the other persons home rent free.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Can I buy unused property behind my home?

Behind our home there is a section of land that while researching turns out to be owned by the Illinois Department of Transportation. I think it was acquired decades ago for a road that was never built. Now that the lots were divided up and built on just this strip of land remains. Our house it the... Read more »

Ray Choudhry
Ray Choudhry answered on Feb 3, 2019

Talk to an experienced real estate attorney.

You may have the right to go to court and have the land declared as belonging to your property.

If not, the State of Illinois will be happy to sell it to you.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I bought a property from someone and never received the deed. Can I sue them and get my money back for the deal?
Carol Cadiz
Carol Cadiz answered on Jan 17, 2019

There are many facts that are unclear from your question. For example, how long ago did you buy the property? Were there attorneys or a title company involved? If the closing went through all of the proper channels and you closed at the title company, they will have sent the deed to the county for... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Illinois on
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Steve McCann
Steve McCann answered on Jan 14, 2019

You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.

In any event, I recommend organizing everything in your possession relevant to...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Contract for deed void because of missing and wrong info on contract? It's also only a 4 year contract.

My mother in law sold her house on a contract for deed sale in Coles Co. Illinois. It was signed in June of 2015 and wrote out as monthly payments for 48 months and then a lump sum balloon payment. The girl who helped her write the Contract did it like crap.

Contract says original purchase... Read more »

Steve McCann
Steve McCann answered on Dec 20, 2018

There are several issues based on the facts presented. Illinois has very strict requirements when it comes to contracts for deed, or installment land contracts. If all of the requirements are not met, it can be deemed voidable by the court, which could entitle the previous buyer to all funds paid... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: I pay house down payment and husband will pay mortgage how to protect my investment until his contribution catches up?

About to be married. Fiance makes $100k+ but spends extravagently ($3k / month apartment in suburbs) and has no savings and no debt. I can buy a nice house outright but am scared that he will spend the rent money elsewhere rather than saving. What are my options?

James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2018

You need to contact an attorney and get a prenuptial agreement prepared setting forth whatever your agreement is. In conjunction with the prenuptial agreement, consider buying the house BEFORE you get married, putting it only in your name, and keeping it only in your name. This should be discussed... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My lease ends in Sept, states my rent is $800/mo. Landlord told me today he is increasing my rent $100/mo. Legal?

It’s a 12 month lease and I am less than halfway through it. He says association costs have increased, but there’s nothing in my lease that mentions anything about this. He gave me less than 2 weeks notice-via text.

James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2018

Probably not, if the lease doesn't say anything about increases during the term of the lease.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can I back out of a sale and purchase a new house if sellers breached contract?
James G. Ahlberg
James G. Ahlberg answered on Dec 10, 2018

That depends on the terms of the contract, the nature and extent of the sellers' breach, and so on. There is no way to give you even an educated guess without reviewing the contract and meeting with you. If you think their breach is sufficient under the terms of the contract to permit you to... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a landowner have liability if they ask a neighbor to remove an encroaching structure?

We are waiting for survey results, but it appears that a neighbor has built a structure entirely upon our property. If proven by survey, we will want the area vacated. Do we have liability for the neighbor's safety if we ask them to remove the property? Can we insist on removing it ourselves, or... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 7, 2018

You may be liable for his safety if the neighbor encounters a hidden hazard on your property, such as an abandoned well with a rotting cover through which he falls. Otherwise, no.

Your best bet getting it removed is to first show him a copy of the survey, then ask him to remove it by a...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a judge refuse a jury trial to a pro se defendant in a civil case in Illinois?

We live in Illinois. We purchased a property with 2 people in residence. They allege a lease exists through April but have not produced one. The former owners allege it was a month to month lease.

Long story short, we have first appearance for a eviction and they have already said they plan... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 6, 2018

Section 9-108 of the Code of Civil Procedure allows either party to demand a trial by jury in an eviction.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do I have the right to pull his fence on my property?

Neighbors cattle fence to the N, W, and S are on my property 3-4 feet in places. Survey was done. This farmer has seen the stakes and survey, but says survey is not clear. I have spent over $2000 already to make a clear point. Really don't want to drag this to court. He will no longer talk to me... Read more »

Steve McCann
Steve McCann answered on Dec 5, 2018

Assuming the survey clearly shows the fence is on your property, you have every right to remove it off of your property. That said, there are practical considerations to take into account when dealing with a neighbor. Thus, I recommend organizing everything in your possession relevant to this... Read more »

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Contracts for Illinois on
Q: Does a landlord have to have their property inspected before they can sell it?

I was engaged in a contract for deed and decided that we wanted to renovate. Before having the property paid the seller signed over the deed so we could get a loan on the property. While trying to get a loan we realized that the house would probably be condemned if inspected. Not knowing it before... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 13, 2018

What does your contract for deed say about your right to have the property inspected? Normally the seller doesn't have an obligation to have the property inspected. Instead, because it is important to the buyer, a buyer typically requires that the contract for deed allows them to have the property... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: how to sell a house

my husband inherited a house from his father and never put it in his name. his father's will states that the house goes to him (only child) and if he is deceased it goes to his heirs. my husband is now deceased and we have two sons. how do we 1) get the house put in someone else's name who is... Read more »

Ray Choudhry
Ray Choudhry answered on Nov 6, 2018

The house still belongs to the grandfather.

His will has to be probated and the house transferred to his son, provided he had no bills. If he was on public benefits such as medicaid, the state may have liens that will have to be paid.

It is possible that a title insurance company...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: How do I stop a land grabber
James G. Ahlberg
James G. Ahlberg answered on Nov 3, 2018

Your question is so vague that I doubt anyone can answer it. The best advice I can offer is that you should make an appointment with an experienced real estate lawyer to explain your situation. Bring every single relevant document and photo you have to the first appointment with the lawyer so he or... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

Before you appeal to the local zoning board, check with your Condo Associations. Many condo associations do not allow for short rentals. Many require at least 12 months, if you wish to rent the Condo. It might be more difficult to work with Condo Association rather the local authorities.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.

My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half. My brother and I (we live in Chicago) would like to sell the house in Puerto Rico. My mother did not have a will. My father signed a will but it was not notarized. The signature was... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 25, 2018

You'll probably have to have an attorney open an estate in the name of whichever parent died second. The estate should be opened in the county and state in which that parent lived at the time of death. The attorney who opens the estate will probably need to find an attorney in Puerto Rico to open... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Q: My brother filed A probate to become the independent executor can I object .

I received a letter to appear in court because my brother wants to be appointed executor. Me and my other siblings do not agree to this...do I need to hire an attorney for an objection or can I show up in court with the copy of my mom will which I did file at the court house

James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2018

You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.

My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half. My brother and I (we live in Chicago) would like to sell the house in Puerto Rico. My mother did not have a will. My father signed a will but it was not notarized. The signature was... Read more »

T. J. Jesky
T. J. Jesky answered on Oct 20, 2018

First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.