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The photos are of the interior and exterior (3D). We are not comfortable with this and have asked before for them to be removed. It is in fact worse now on multiple building plans and has been taken down. What legal recourse do we have?
answered on Jul 23, 2020
You need to look at your contract in more detail. Is there an intellectual property section that addresses ownership of the plans and design? Also, if you closed on your property after construction was finished, the builder owned the property until closing. Up until that point, he had the right to... View More 
If a tenant who has a lease with the property owner is given full control to choose roommates and determine all terms of the roommate agreements, who can sue the roommate for unpaid rent?
The lease-holding tenant has the right to sue based on terms of the roommate agreement, I would... View More
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answered on Jul 23, 2020
Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you.
The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have... View More
answered on Jul 20, 2020
The title to the property must be reviewed as well as the will. I am assuming from the description that your aunt's name was not on the title, but that should be verified. If your aunt's name is not on the title to the property then the will must be reviewed to determine the specifics... View More
My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... View More
answered on Jul 13, 2020
The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... View More
I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named... View More
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answered on Jul 9, 2020
Hopefully, at the time of the Declaration of Trust, your father's attorney also recorded a Quit-Claim Deed transferring the title from your father to the Trust. If not, then we would need to work with the Title Co. to record an Affidavit of Heirship to determine all the parties with an... View More
I am purchasing a house with my girlfriend. Both names will be on the deed but only my name is to be on the loan and at this point in time, she won't sign any other papers. Am I screwed if anything happens later and we break up?
answered on Jun 16, 2020
If only your name is on the mortgage, then you are the only individual obligated to pay that obligation. If title to the property is in both of your names, your girlfriend will remain in title (an owner) even though she is not a signatory to the mortgage. If there is a default on the mortgage,... View More
If you are applying for a refinance mortgage on a Tenant In Common title where the other party won't be a co-borrower, can a lender reject your Power of Attorney for signing the title?
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answered on Jun 15, 2020
Yes because they do not have refinance you in the first place. The mortgagee probably does not want to lose the other mortgagor as a notemaker.
We are being told it's because of the Coronavirus and I don't think they have the right to tell us we can't have the family come and visit us. I want to know if they have that right since this might be something that will go on for quite a long while and it doesn't seem right... View More
answered on Jun 13, 2020
I would recommend you review the terms of your lease to determine if there are any restrictions. Additionally, are there building rules/regulations which apply. Alghough due to COVID many buildings are adjusting their normal procedures, access to an individual's unit should not be restricted.
In 2013, my mother passed away leaving me as the sole heir to her estate in her will. My father has encountered mortgage trouble, and I have occupied the home alone for one year now. The current mortgage was taken out in 2005 in both of their names, and statements come addressed to her estate.... View More
answered on Jun 11, 2020
Based upon your question, although your mother left you her entire estate, it does not appear that estate included an interest in the home. From your description your father is in sole title to the home and therefore the sole owner. If there are issues regarding the mortgage, those must be... View More
We have been in the home for about a year and a half (2 years at the end of August) and my children and I are starting to have respiratory and other issues that we believe may be because of airborne mold due to water damage that we believe the previous home owner covered up and then we uncovered... View More
answered on May 18, 2020
Based upon your description, if water damage/water infiltration issues are present and that history was denied by the seller, there may be an action for fraud and depending on the nature of the sale, for violations of the Consumer Fraud Act. The real estate contract must be reviewed as well as an... View More
should i ask for my wife to be removed from selling documents since i am only one on title to make things easier, and if she is on agreement as a seller can it make it more difficult for tax paperwork (or anything else like that)
answered on May 13, 2020
If this is your principal residence, your wife has homestead rights in the house and she will need to release those rights on the deed. You should hire an attorney to represent you with this transaction, and that attorney can explain these homestead rights more fully to you.
2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?
answered on May 13, 2020
Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.
Those questions must be answered. When did you mom pass away and was a... View More
In 2012 when I brought my condo the HOA fee was 274.55 which was stated on my PA(Paid Assessment Letter), The property management company continue to send statements, bill me at 274.55, and accepted the 274.55 HOA amount in 2012 and 2013. In 2014 the condo management discovered there was a typo... View More
answered on May 11, 2020
765 ILCS 605/9(f) of the Illinois Condo Act provides: Payment of any assessment shall be in amounts and at times determined by the board of managers. If the assessment increased, as is often the case, then the unit owner is required to pay the new amount. So if I understand the question, the... View More
i was divorced in 2014 and tried to refinance my home in 2015 and this is when i was told about the liens on my home. i have been trying to get him to pay for them or make arrangements but he refuses. i had tried to get my divorce lawyer to have him held in contempt of the court order but, she was... View More
answered on May 10, 2020
Unfortunately this is a problem that will likely require the assistance of an attorney. Most of us offer a free consultation. Just stay away from the places you see advertised on TV.
We are landlords in Chicago, our renters are asking for interest on their security deposit. In our lease, which they signed, it says in a paragraph under the security deposit section and stated amount: "Interest and Security Deposit. In accordance with Illinois law, (765 ILCS 715/1, 715/2) and... View More
answered on May 9, 2020
The lease would be subject to the Chicago Residential Landlord Tenant Ordinance (RLTO), which requires interest to be paid on the security deposit. The Illinois statute cited in the lease does not apply to buildings of the size you describe. The RLTO is a very Tenant favorable ordinance and case... View More
Person below me has been smoking cigars on his balcony for the past year. When I ask what was done regarding the violation forms that I filled out (7 of them), I was told that it was between the violator and the board, basically none of my business even though I made the complaint. Per 765 ILCS... View More
answered on Apr 28, 2020
I would recommend that you review the Condo Declaration and the Rules/Regulations of the Association to find additional support for your complaints. Then put your complaint in a separate letter, detailing the history, and referring to the applicable sections of the Declaration and... View More
lock down period since i have an underlying conditions
answered on Apr 23, 2020
You do not describe if commercial or residential, but I am assuming residential based on your description. I would recommend that you review the lease and examine if there are any clauses or provisions regarding an extension of the term of the lease. Even if there are no specific provisions... View More
I bought a house in the second week of March and the sellers and I agreed to close on May 13. Now the sellers are wanting to extend the close to June 15 because they can’t find a home to buy or rent and are using the Coronavirus pandemic as a reason not to close in May. Can I cancel the deal and... View More
answered on Apr 22, 2020
The Answer to your question is dependent upon the terms of the contract. That should be reviewed to determine what options are available when there is non-performance by the seller. Also what provisions, if any, which specifically relate to the current COVID environment. It would be best to consult... View More
answered on Apr 17, 2020
It depends on many facts that you have not provided in your question. Also, an attorney needs to review your contract before advising you accurately on whether or not you can terminate the contract. I would highly advise you to immediately contact an attorney to discuss your options as the longer... View More
Hopefully, you're all safe at this time. I have a question regarding who is responsible for paying for the maintenance cost in the buildings? For Example, we own the condo but the balcony ( which is what people use to enter their house) needs to ger repair on the second floor all over the... View More
answered on Apr 17, 2020
You should review the Condo Declaration which should define the limited common elements.
The Act provides that the Association shall be responsible to maintain, repair and/or replace the common elements on the property. As the limited common elements are defined under the Act as a portion... View More
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