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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: I am a commercial condo owner who is not part of the association (except for paying monthly dues and special

assessments). My association recently informed me that they miscalculated my monthly association dues for the past three years and is requesting that I pay the difference by the end of this month. Am I legally required to pay the difference caused by the association's past miscalculation?

Anthony M. Avery
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answered on Dec 18, 2023

If you own a condominium, then your title is subject to the Master Deed and all the Restrictions. Your title is coexistent with others, and all are subject to numerous covenants that run with the property.

1 Answer | Asked in Identity Theft and Real Estate Law for Illinois on
Q: Someone applied for a home equity loan using my name and a previous address (rented, not owned). What is my recourse?

Bank canceled submission due to fraud. Can I attempt to collect damages from this person trying to use my credit standing for their benefit?

Anthony M. Avery
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answered on Dec 11, 2023

You can sue for a property tort, fraud, identity fraud , etc., but collecting a judgment will be difficult. Consult with an IL attorney, but research everything available about your defendant first.

1 Answer | Asked in Real Estate Law for Illinois on
Q: In IL, if property has 2 people on the deed but only 1 person on the mortgage & the property is sold, who gets proceeds?

The person that is both on the title and the mortgage does not want to claim any of the proceeds on the sale of the home but is concerned about having to pay taxes on sale.

T. Augustus Claus
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answered on Oct 20, 2023

In Illinois, if a property has two individuals on the deed and only one on the mortgage, the distribution of sale proceeds should be based on a clear agreement between the parties. The person on both the title and mortgage may opt not to claim any proceeds but should document this decision in... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I resolve joint tenants sibling relationship with a quick claim deed which was left to us by our mother?

My mother passed and had a quick claim deed left for my brother and I. It states 1/2 of her interest was for me and the other 1/2 of her interest was for my brother. He has now moved out of state and feels does not have to continue to help on utilities since he is not living here. We are joint... View More

Anthony M. Avery
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answered on Sep 13, 2023

If enough equity, you might sue for a Partition Sale.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Can a Common Interest Community Board amend the Association Bylaws without resident members voting in Illinois?
T. Augustus Claus
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answered on Aug 28, 2023

In Illinois, the authority to amend the Association Bylaws of a Common Interest Community (such as a homeowners association or condominium association) typically lies with the governing board, subject to the requirements outlined in the existing bylaws and state law. The process for amending bylaws... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Looking to get help with a Chain of Title
Anthony M. Avery
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answered on Aug 28, 2023

Hire a competent IL attorney to search your title and determine ownership.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Illinois on
Q: Can we ask the Court for a Default judgement against 2 of 3 served defendants at this time?

I have invested countless hours researching facts, law, and evidence, and ultimately we filed an 88 page, 11 count complaint in the McLean County IL Circuit Court pro-se, asking for at least $144,000 in damages against three defendants. This was filed on July 3, with the corporation's... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 16, 2023

Probably. Depending on the wording of your complaint (your attachment won't go through this system) it's possible you'll be limited to a default judgment as to liability and still need a hearing at which you prove your damages and each defendant has an opportunity to try to disprove... View More

1 Answer | Asked in Bankruptcy, Employment Law, Products Liability and Real Estate Law for Illinois on
Q: i owe to CarleBromenn hospital 28000, i had not insurance on those days, is there something that i can do? thanks

i owe to CarleBromenn hospital 28000, i had not insurance on those days (i get into emergency room due to a kidney stone), my insurance were activated like a week after that and i have no way to pay 28000, thanks

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You might look into filing a bankruptcy, depending on your financial situation.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Sold property 3yrs ago quit deed sale buyer never recorded now town fining me for violations can I resell to pay fines?
James G. Ahlberg
James G. Ahlberg
answered on Jul 17, 2023

No. Once you've received payment and delivered a deed to the buyer you no longer own it. You can't sell what you don't own. Contact the town, provide them a copy of the deed, let them know when that transaction took place and give them the buyer's name, address, telephone number... View More

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Illinois on
Q: If my dad gave me $215,000 as a gift to buy a house in IL and the mortgage is in my name can I kick him out?

My dad gave me $215,000 to buy a house as a gift. The mortgage broker prepared a gift letter for me (19) to purchase this house in my sole name. I dislike my dad and he is toxic to my mental health. Down the road, I would like to kick him out of my house, since my name is on the mortgage and... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Jul 10, 2023

You're going to need more than free advice on the internet. Consult with a local real estate attorney ASAP.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can a renter in Illinois claim property from the land lord after living there for twenty years?

If a renter occupies the property for twenty years can they claim the property through squatter rights. Would attending the condo association meetings, and paying fees be enough. Are there any other actions the renter would need to take to get the property?

James G. Ahlberg
James G. Ahlberg
answered on Jun 29, 2023

If you are a renter you are a permissive user. In other words, the owner of the property has given you permission to occupy it. Permissive use NEVER ripens into a situation allowing you to claim adverse possession (what you refer to as squatter rights). The only action you can take to get the... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I'm interested in turning a lake house property into a co-op with about 20 owners. Can any real estate lawyer cover this

This is a single family home in the midwest US (MI, WI, IL, IN) and we plan to simply divide up the days each owner can use the property. No leasing/renting will be allowed.

Erik K Jacobs
Erik K Jacobs
answered on Jun 21, 2023

Sure - there are a few ways to go about doing this. For instance, you can create an LLC to own the property and then set forth the members rights and responsibilities in an operating agreement.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Buyer did not show for closing. Seller had vacated property day before closing. 14 days later buyer has still not closed

Seller is staying with friends, she is 72 yrs old, retired and cant even put an offer on another home. Any recourse possible?

James G. Ahlberg
James G. Ahlberg
answered on Jun 8, 2023

Seller should find an attorney practicing in the field of real estate an make an appointment immediately. She should bring all the paperwork related to this transaction to the appointment. There is a remedy called "specific performance" which may be available to her if the real estate... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Who owns when a prop tax bill reads: my friends name on 1st line, estate of my friends dead exstep mother in law on 2nd?

My friend has a property that was inherited to her husband when his father passed away. His will read that his current wife reside in the house until her death, then the property was to go to my friend and her husband. The current wife died about 3 years ago. My friends husband has also passed. Who... View More

James G. Ahlberg
James G. Ahlberg
answered on Jun 1, 2023

The order in which names are listed on the tax bill cannot be relied upon and doesn't prove who owns anything. If your friend is concerned about this, her best bet it so take all of the relevant documents (her father-in law's will and death certificates for everyone involved who has died... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Illinois on
Q: My son is not renewing a lease. The roommate is renewing but refuses to pay my son his rightful half of the deposit.

My son is renting an apartment with one roommate. The lease they both signed includes a $995 deposit which they each paid half $477.50. The lease ends May 31, 2023. My son is going to move out May 31. His roommate has decided to stay in the apartment and resign the lease with my sons name deleted... View More

Cynthia Pietrucha
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answered on May 31, 2023

Sorry to hear about your son's situation. Consulting an attorney on this may not be worth the money unless your son wants to prove a point or he can find a low flat rate for the legal work.

Your son should consider the following:

(1) Review the lease and document: Carefully...
View More

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Grandparents put their house into a living trust & want me to have it. How to go about this?

What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... View More

Michael Goldberg
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Michael Goldberg
answered on May 26, 2023

Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: I'm in Chicago, how do I remove the lien from my property after I fully paid the balance?

The lien is placed by the City of Chicago due to unpaid parking tickets. I paid all of them and I am in position of receipts.

Erik K Jacobs
Erik K Jacobs
answered on May 25, 2023

If the City has recorded a lien against the property in the Cook County Recorder's Office then you will need a release of lien from the City to have it removed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... View More

1 Answer | Asked in Real Estate Law and Legal Malpractice for Illinois on
Q: IF A LAWYER REPS THE PROPERTY AND THE PROPERTY HAS EMPLOYEES AND TENANTS THE LAWYER THEN HAS TRIPLE DUTY

sorry its a hotel should have been clear and guest was injured while living on property and bed bugs was the cause instead if him doing the right thing he illegal eavesdropped acts of retaliation , harassed hacked computer slowing her prep dow for case which caused her to not make it to court. He... View More

James G. Ahlberg
James G. Ahlberg
answered on Apr 16, 2023

No. A lawyer has a duty to his client (typically the seller or the buyer of the property). He has no duty to the property itself and no duty to employees who work on the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying my home contact for deed. I've paid on it for almost 4 years. I'm behind on payments and the owner said he

Wants me out but I found out he has a mortgage on it and several other properties and he's going into foreclosure. Idk if he ever recorded it. Can I request to rescind and get my money back? Or is it pointless since he obviously has no money?

Peter J. Weinman
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answered on Mar 14, 2023

It may not be pointless just because he has no money - you need to find out whether there will be any remaining equity in the house after the mortgage lender (and any other lienholders ahead of you) are paid. But it could be pointless if being behind in your payments means you're in material... View More

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