Lawyers, Answer Questions  & Get Points Log In
Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: In Illinois, can I back out of the sale of my house? I discovered a erroneous lien and need it released.

Realtor says I still have to sell.

Kori Maria Bazanos
Kori Maria Bazanos answered on Jan 20, 2020

Generally, real estate sales contracts require the seller to deliver good and merchantable title to the buyer, which means conveying title clear of liens. It sounds like there is a lien that you would like to challenge. You should discuss the lien with the attorney representing you with the... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My grand mother just passed December. My mom says that she has to pay upwards of 30k for inheiring my grandmother's home

Her house should be valued at upwards of 200k. I cant find anywhere online of anyone paying 30k to inherit a home? Is this true? Is there any scenario at all where she would have to pay that much money to get a home or is she lying?

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

One scenario might be that your grandmother had a mortgage on the home which had a $30,000 balance remaining

due at the time of her death.

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: Miss Maryland hope you're still there and answer this I looked at my contract for deed paper

Paid it off After we were married does it make a difference like I said I have all receipts and it's only in my name he's never even paid property taxes an is there no law about abandonment

Marilyn  Johnson
Marilyn Johnson answered on Jan 15, 2020

If it has never been titled in his name, then it should be considered marital property by the court from what you have alleged.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: When we sell the condo, would I be able to get the 50% of the value of the condo that my mom agrees to for a long time?

My parents were divorced when I was 14. However, my dad came back in our life at one point. He offered to put down half the down payment for a purchase of a condo in my mom’s name in 2007 as a redemption and to help me through college. Both my mom and dad put down $140000 for a $305000 condo. My... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

If the condo was solely in your mother's name, and if the 2012 deed to which you refer was recorded in the Recorder's Office, then you are entitled to 50% of the net proceeds if it is sold. If the deed wasn't recorded or doesn't get recorded, you need to talk to a lawyer ASAP.

1 Answer | Asked in Real Estate Law for Illinois on
Q: IDOT just cut down barrior trees along my property line which borders a major road! Now no barrier and looking at road.

Fences are not allowed. Trees were 25 plus feet tall and now looking at busy road is not desirable, not safe, and devalues property. Will cost a fortune to replace. Homes here are $ 1 million on one acre lots and it looks terrible. Can I get them to pay to replace?

James G. Ahlberg
James G. Ahlberg answered on Jan 15, 2020

You need to find out whether the trees were in the right of way for the busy road you describe. If they were, IDOT's action is defensible; if they were not, IDOT's action is inappropriate. The value of your home is irrelevant in this situation.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Illinois on
Q: Illinois, I contract for deed my home 82214 NotMarried boyfriend moved in 1 year later we married I was ONLY one worked

His name is on nothing he work for cash only I have W-2s he left me got incarcerated for a year and he still is not living in the home he has many vehicles on property and I don't see him and vehicles are open titles can I get rid of them? &

my home is paid off and we're... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

The only grounds that you can use for a divorce in Illinois are irreconcilable differences. You should not dispose of any property. Wait until you have a court order regarding the property. If the house is titled in only your name and you acquired it prior to your marriage, it should be considered... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Real Estate Law for Illinois on
Q: what can I do if my mortgage company doesn’t pay my homeowners insurance?

I escrow my homeowners insurance and my mortgage company didn’t pay my homeowners insurance and now I have a leak in my kitchen. I tried resolving the issue with my mortgage company but they are not being responsive. What can I do? They still have not paid my homeowners insurance and have not... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

Gather all the paperwork involving your situation and take it to an attorney. It's likely the mortgage company can be persuaded to do the right thing, or sued if they don't.

1 Answer | Asked in Civil Rights and Real Estate Law for Illinois on
Q: Can I get on the deed of my deceased Dad’s house before my brother sells out from under me or takes a loan out?

As far as I know there is no will & I was the executive on his life insurance which I split in half with my brother.

James G. Ahlberg
James G. Ahlberg answered on Jan 6, 2020

There are too many details left out of your question to determine what the answer is. You should meet with a lawyer licensed to practice law in the state where the house is located. During the appointment the lawyer will get these details and should be able to give you good advice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am 1/4 owner of home in Wisconsin per quit claim deed, Joint Tenants with Right of Survivorship..

Can I severe the joint tenancy by putting my share in a family trust? Must the three owners be notified of this step?

James G. Ahlberg
James G. Ahlberg answered on Nov 19, 2019

This question should be answered by a lawyer licensed in Wisconsin. Those of us licensed in Illinois can provide you an answer if the real estate was located here, but laws vary from state to state and should not rashly assume the answer is the same in Wisconsin.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: When buying property can you do anything if existing neighbors have built on or over your property line?

I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?

James G. Ahlberg
James G. Ahlberg answered on Nov 8, 2019

That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:

1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: what is the homestead exemption in illinois if there is 4 names on the deed? I know illinois allows $15,000 for single

what is the homestead exemption in illinois if there is 4 names on the deed? I know illinois allows $15,000 for single and $30,000 for married, but it doesnt really specify for too much of anything else

Kori Maria Bazanos
Kori Maria Bazanos answered on Oct 26, 2019

735 ILCS 5/12-901 provides that "If 2 or more individuals own property that is exempt as a homestead, the value of the exemption of each individual may not exceed his or her proportionate share of $30,000 based upon percentage of ownership." This Section further provides that it" is... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Illinois on
Q: Who is responsible for trimming trees, bushes on property line ?

Can my neighbor forces me to trim my trees, bushes and vegetation overhanging his property line ?

Can my neighbor to call the police regarding this problem ?

Can I get a ticket from the police officer for overhanging trees, bushes, limbs and vegetation ?

James G. Ahlberg
James G. Ahlberg answered on Aug 5, 2019

The alternative to you trimming your trees and bushes is that the neighbor will do it. He or she can cut the overhanging vegetation right up to the property line -- which means he or she may do it badly and inadvertently harm your plants. Be a good neighbor, prune the stuff.

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on
Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg
James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What are my rights and options?

Long before I moved into my current residence as a newlywed, the neighbor had a privacy fence built that was known by both homeowners to be over the property line into this property. No easement was asked for or paid. The current owner has 3 downspouts that drain onto my yard (two from the house, 1... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 13, 2019

I encourage you to make an appointment with a lawyer to discuss your options since there are so many variables. For example, if the former owner of your home gave permission to put the fence on your side of the line, you can revoke the permission and demand that it be removed, but if the neighbor... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?

His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.

Ray Choudhry
Ray Choudhry answered on Jun 17, 2019

If the house was in joint tenancy with sister and son, then it belongs to them.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Illinois on
Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.

I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.

I have... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 15, 2019

If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.

This gets more attention.

Let alone under the table, sometimes people don't even earn enough to be able to garnish anything.

1 Answer | Asked in Real Estate Law and Contracts for Illinois on
Q: Receiving another offer after accepting a contingent offer?

If a buyer makes an offer on a home that is contingent on selling their existing home and the seller accepts the offer, but then receives a second offer can they accept the second offer? If so, what happens with the buyer who had the first accepted contingent offer?

Steve McCann
Steve McCann answered on Jun 13, 2019

It depends on the specific language of the contract, and the duration of the contingency periods you describe. That being the case, I recommend you ask the attorney that is representing you in this matter, as he or she is most familiar with the transaction and is in the best position to provide... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do I have any legal options or am I saddled with the burden of trying to get this repaired?

The previous owners paid a contractor $1550 to install 14 footings and leveling jacks in the crawlspace. I have the receipt for the work completed 5/16/2014. The center of my house is sagging into the crawlspace. I went down into the crawlspace to visually inspect. One of the support beams used by... Read more »

Steve McCann
Steve McCann answered on Jun 10, 2019

You may have a couple of options based on the facts provided. Your best option would likely be if the previous owners of the home had knowledge of the material defects you describe. If so, they may have violated various Illinois statutes if they did not disclose the defects to you when you... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Own a property with my husband and grandmother. How can we transfer Gram's interest to my name only?

This is a family property, my family. In the event of divorce, I want to ensure that I maintain majority interest in the property. Gram is 93, what would happen to her portion in the event of her passing? She has outstanding debts at this time.

James G. Ahlberg
James G. Ahlberg answered on Jun 6, 2019

There's no way to answer your question authoritatively without more information. I encourage you to meet with an attorney. When you do, bring a copy of the deed establishing title in you, your grandmother and your husband. The answer to your question can only be determined by examining that deed.

1 Answer | Asked in Real Estate Law for Illinois on
Q: My father recently bought a house without the seller having the title in his name. Is this a legal sale?

The seller went down with my father to get a notarized letter saying that he was transferring his rights to the house to my father. We found out that he did not have the title and that the title of the house was not in his name yet he still sold it. He was able to change the taxes to his name... Read more »

Ray Choudhry
Ray Choudhry answered on May 30, 2019

Was he transferring his rights such as from an estate or some contract he had with the owner.

You need to find out who owns the house. Check with the Recorder of Deeds.

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.