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... View More 
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.
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?
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.
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?
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... View More
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.
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... View More
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... View More
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... View More
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.
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
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... View More
Can I sell during the Eviction Mort. in Illinois? My rental is in Vernon Hills, Ill.
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.
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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.
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... View More
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... View More
Do I have any time to get out of the contract if I find something within the next 2 weeks?
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?
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... View More
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.
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... View More
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... View More
leave. told a friend he was taking the house when she passes. can he?
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.
What code do I use?
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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.
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... View More
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... View More
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... View More
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.
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... View More
I had my house inspected in October and everything was fine. The old owners did not want to move out until January and there was damage sustained to the roof in November. My insurance will not cover it because I didn’t have a policy on this house and said to have the previous owners file a claim,... View More
answered on Jun 23, 2021
A number of states (including Illinois) have adopted the Uniform Vendor and Purchaser Risk Act (765 ILCS 65/1). This Act provides that in all real estate contracts there is an implied term that if the purchaser has NOT yet received title OR possession of the property, the seller bears the risk... View More
Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... View More
answered on Apr 29, 2021
As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.
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