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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Illinois on
Q: The naghbor.locked the road gate , that crosses,his property.into my property. They used to be one track of land.?
Erik K Jacobs
Erik K Jacobs
answered on Oct 27, 2021

Without more information, your rights are difficult to determine. A couple of questions: First, was there an access easement or agreement that was ever recorded when the land was divided? If so, then the rights and obligations of each landowner should be specified in the agreement. Second, do... Read more »

1 Answer | Asked in Real Estate Law and Workers' Compensation for Illinois on
Q: Can HOA require landscaper working on patio submit proof of workers comp? Liability & homeowner umbrella already sent

This requirement is not specifically called out in the bylaws or process for approval. Prior recent like requests were not subject to this requirement and no update to bylaws were made between requests

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm not sure that requiring a contractor who performs work on the premises would be in any association's bylaws. Generally, the Bylaws are just the rules for governing the association. That being said, this is simply just a good business practice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: if consent was once given to persons at a residential home then revoked at some point how do you legally remove them

an elder widowed husband is looking to sell his residential property to me however at some point in the past when his wife was still living she let someone reside there for a time being, assuming paying rent neither owner resided there at the time or since. once she passed the husband informed them... Read more »

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm afraid you will have to contact an attorney and begin the eviction process. I don't know if there was an oral lease with these people or they were just allowed to live there. If no oral lease (i.e. rent terms), then you will probably have to begin by giving them a 30-day notice.

1 Answer | Asked in Real Estate Law for Illinois on
Q: What to do , if the Condo Association claims that the Management company stole $600000 money from the reserve account .

Now the Association claims that we have no money at all . Is it possible for the Association not to have access to all of the accounts that we had .

How do we resolve this issue?

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

Wow - this is a scary situation. I hope that the Board has contacted the authorities AND its own attorney to look into this allegation. $600,000 doesn't just evaporate overnight.

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: How long after winning foreclosure auction may I begin work.?

I purchased an abandoned foreclosure in Stark County IL on Sept 28th 2021. It was winterized by the bank in March of 2021. The door was open so I changed the locks. The roof is leaking and needs to be replaced asap. What risk is there in doing substantial work immediately?

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

I'm assuming that the sale has not yet been confirmed by the Court. You have a few different risks. First, Since the sale has not been confirmed, there is a chance, albeit a small one, that the Court will not approve the sale. Second, I am not sure whether you have had any title work run on... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: If I were to separate from my wife, would she be entitled to any of the down payment my father put in the house?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Oct 1, 2021

Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.

1 Answer | Asked in Civil Litigation, Family Law, Estate Planning and Real Estate Law for Illinois on
Q: how to get a family member out of home.

3 brothers have inherited a large home, one of the brothers are living there and cannot maintain the home due to alcoholism. Each has a 1/3 of real estate as stated in the will. He refused to pay the other 2 brothers rent or expenses. He needs to go to detox and rehab. He is incapable to help with... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on Oct 1, 2021

Illinois has a partition statute to handle situations concerning jointly held real property. The statute is found at 735 ILCS 5/17-101, et seq. If you read section 105 you will see that the court has the power to determine if the property can be divided among the parties without prejudice to any of... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: I have a lifetime estate, can my brother in Illinois, who owns the house, force my gf who he doesn't like to move out?

I moved in with my mom 6 years ago when she was diagnosed with ovarian cancer. She was my best friend and today I still struggle with her passing away 2 years ago. She put the house in my brothers name because I owed back child support and she didn't want the house taken from me. She told one... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 29, 2021

Yes.

You have a lifetime vested interest in the estate, not your live in girlfriend who does not have any legal standing with respect to that estate.

2 Answers | Asked in Real Estate Law for Illinois on
Q: I have a question about real estate law in the state of Illinois

The home my girlfriend is renting has currently been put up for sale and someone has been approved to purchase it. Are her current landlord‘s allowed to evict her before she has another place to live

Erik K Jacobs
Erik K Jacobs
answered on Oct 8, 2021

This depends. Does she have a lease? If so, then the sale is subject to the terms of the lease. If she has no lease and is simply a month to month tenant, then the landlord would need to give her a 30-day notice and she would be required to find a new residence during that period and move after... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My tenants have had no lease, since 2019. They owe me $70,000. I give up, I'm 71 years old and want to sell. Can I?

Can I sell during the Eviction Mort. in Illinois? My rental is in Vernon Hills, Ill.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 29, 2021

The eviction moratorium has expired. You need to immediately initiate an eviction process by giving notice and retaining an eviction counsel of your choice.

It is deplorable that you let the tenant accumulate that must debt to begin with.

2 Answers | Asked in Real Estate Law for Illinois on
Q: If I’m on the deed but not on the llc that the property is on, do I still have interest?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2021

You may need a title search, but definitely need an attorney to read the present Deed to determine the apparent titled owner. As such, it appears the LLC is the tenant and you are the owner.

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3 Answers | Asked in Real Estate Law for Illinois on
Q: How can I sell off my condo without my mother's presence?

I recently paid off the mortgage to my condo that my mother also has a name to it. We've been wanting to sell our condo for awhile, but when the pandemic hits, my mother doesn't want to do any travelling. She resides in Georgia. I live in the condo in Illinois. Both of our names are on... Read more »

Kori Maria Bazanos
Kori Maria Bazanos
answered on Sep 21, 2021

Sellers typically do not attend the closings of the sale of the property. The sellers will execute the requisite closing documents in advance. Though I do not know the precise details of your proposed sale, I believe your mother can most likely execute the requisite documents in Georgia and send... Read more »

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1 Answer | Asked in Real Estate Law for Illinois on
Q: We r looking for a home but have to sign a lease today for apt renewal on Nov 15. If I find something is there an out?

Do I have any time to get out of the contract if I find something within the next 2 weeks?

James G. Ahlberg
James G. Ahlberg
answered on Sep 15, 2021

No, unless you convince your landlord to put it into the lease. Check the terms of your existing lease. What does it say happens if you don't sign a new lease and simply stay put?

1 Answer | Asked in Real Estate Law for Illinois on
Q: How can I buy a piece of property, which is currently owned by a dissolved (20-30 years) home owners association?

I live on a small lake in Illinois with about 42 homes on it. Sometime in the late 1980's or early 1990's, the home owners association was completely dissolved. Several of the common outlots were sold to private citizens, except one outlot. This outlot has sat without any tax bill since... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 13, 2021

You may start with the county's assessors officer to determine those necessary legal entities to initiate your purchase, if merited at that time.

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Legal remedies to remove developer of new construction condo building and/or get building designated health hazard?

Almost every resident (39 units) has had water in their units, as well as water coming through the ceilings in the common areas due to uninsulated duct work. Humidity levels are off the charts. Connect the dots for what this means for fast growing mold and mildew. There is an election soon to... Read more »

Robert Shipley
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Robert Shipley
answered on Aug 25, 2021

Your description suggests that construction is completed and all units have been sold. The developer should have already turned over control to a duly elected board by the members of the Association. Your description describes a serious problem, which I presume has been confirmed by an... Read more »

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: my brother and father have the same named. my father died. while mom was on vacation he moved into her house. he won't

leave. told a friend he was taking the house when she passes. can he?

James G. Ahlberg
James G. Ahlberg
answered on Aug 18, 2021

No, he can't unless your mother leaves it to him in a will or she transfers the property to him through a deed or other conveyance.

2 Answers | Asked in Real Estate Law for Illinois on
Q: What form do I use to draft up my own petition for partition in Kendall County Illinois?

What code do I use?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 18, 2021

Partitions can be extremely complex. Hire a competent attorney to handle it, and his fees might be satisfied from the gross proceeds prior to net distribution.

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1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

What is your question?

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