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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.
Because of an error the developer made all balconies are having to be replaced in a 3 year old building. The drilling and construction has been going on for months and is unbearable in a work from home environment. What are our tenant rights in the situation (concessions, lease cancellations w/out... View More
answered on Apr 13, 2021
The lease would have to be reviewed to determine what rights you may have as a tenant give the circumstances you describe. If the work has interfered with your ability to live in your unit without disruption there may be a basis to claim constructive eviction and terminate the lease on that basis.... View More
The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.
answered on Mar 27, 2021
Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... View More
answered on Mar 25, 2021
To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:
1. Adding your name to the title.
2. She can leave it to you in her will.
3. She can put it in a trust... View More
Designation which states "not in tenancy in common but in joint tenancy" what does this Designation mean? Let's see who is the smartest attorney out there?
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answered on Mar 11, 2021
Generally that means the survivor of the three grantees take the fee simple absolute. The two predeceasing grantees estates are extinguished and their heirs/devisees take nothing. Before you act on this explanation, you should hire a competent attorney to perform a title search.
My father want to be sure that I maintain his home when he passes, but we're not sure how to accomplish this. We're in St. Clair County Illinois. When we called the county, we were told to reach out to a lawyer.
answered on Mar 8, 2021
There are a few options. First, your father can leave the home to you in his will. Second, your father could execute and record a Transfer on Death Instrument (TODI). This document should be immediately recorded in the County Recorder's Office and becomes effective upon your father's passing.
Brother is wanting easement to get to his property. He farms it and has a goose pit. The problem is his let everyone goose hunt . They fly by the house down the road without permission or care about animals and people.
answered on Feb 11, 2021
Yes - you can define the specific use of the property subject to the easement. For instance, the easement can be for ingress and egress. The easement can be for the installation and maintenance of utilities such as electricity, gas or sanitary sewer.
Between husband being off due to infection in hand and when he went back to work a pay cut and my hours cut we are behind on our home and now an attorney has sent us a letter about taking house
answered on Jan 3, 2021
An Illinois attorney could advise best, but your post remains open for five weeks. You could try running some searches under "legal aid attorneys" and similar and related terms. Also try searching for "pro bono legal services." Look into whether the Illinois State Bar... View More
She told the contractors I hired to do the work not to touch her tree. At no time were they on her property
answered on Dec 11, 2020
Yes - Technically your property extends from the ground up. That being said, many contractors are hesitant to cut portions of a neighbor's tree since they do not want to be caught up in a legal dispute. Also, I'm sure they would want to be darn sure where the property line is....
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