Illinois Real Estate Law Questions & Answers

Q: My mom died December 15,2017and i am the the only sibling ,her sisters had remove and closed all heraccounts etc and

1 Answer | Asked in Probate and Real Estate Law for Illinois on
Answered on Feb 13, 2017

I am sorry to hear of your loss (I assume last year).... There are gaps in what you've posted that make it impossible to answer this question definitively, but IN GENERAL heirs are not responsible for the debts of the estate unless they WANT to take responsibility for them.

You are clearly in a situation where you need to hire a local attorney however. Has someone begun probate? Is the 'unit' (I assume a condo?) in probate, or was it jointly owned? Was there a will/trust? Who has...
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Q: I'm married an own a house about 10 years ago my husband took his name off the house but the loan is still in his name

2 Answers | Asked in Real Estate Law for Illinois on
Answered on Feb 11, 2017

The legal owners are those persons whose names appear on the last recorded deed(s).

Persons who have signed the mortgage or the note (payment IOU) have liability on the payment obligation to the lender, but do not necessarily have ownership.

Often times, A is the owner but both A & B have signed the mortgage (because A needs a cosigner for borrowing/credit enhancement)
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Q: Neighbors are renters who do not upkeep the property. This hurts my property value. What can I do to the landlord?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 2, 2017

Contact the village.

There are ordinances in most cities that govern maintenance and upkeep of one's property.

Make a complaint about the upkeep or condition of the property to the City. This way, you are not personally involved and you can have the City take the lead prodding the neighbors to clean up.
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Q: can I be a real estate appraiser in Illinois with a criminal background

1 Answer | Asked in Criminal Law and Real Estate Law for Illinois on
Answered on Feb 2, 2017

I would suggest contacting the Illinois Department of Financial and Professional Regulation (IDFPR) for answers to your question. You can contact the IDFPR at 888 473 4858 and more information can be found at http://www.idfpr.com/profs/appraisal.asp.
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Q: Where can I get a free download of an Affidavit of surviving joint tenant

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Answered on Feb 2, 2017

If the property is located in Illinois, you can obtain a copy here (please note that the property does not have to be located in cook county for this form to be applicable)

http://cookrecorder.com/wp-content/uploads/2013/02/Surviving-Tenant-Affidavit-AKA-Deceased-Joint-Tenancy-Affidavit.pdf
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Q: I would like to sell our property, but my wife is not in the U.S.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Illinois on
Answered on Feb 2, 2017

You could have the POA notarized by a notary at a US Embassy or Consulat.
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Q: Can the county court take a house that has delinquent taxes even if the mortgage itself is current?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 2, 2017

Taxes are a superior lien and have priority over a mortgage, regardless of whether it is current. A tax buyer who purchases sold taxes can jump ahead of/wipe out a mortgagee (lender) and obtain ownership of the property if the taxes are not redeemed (paid) prior to the expiration of the statutory period.

Generally, the mortgagee (lender) will pay the delinquent taxes before the tax buyer can obtain ownership to protect their interest in the property.
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Q: If a home inspector suggests how to repair minor inperfections, does the buyer have to repair that way?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 2, 2017

Assuming the inspection was conducted in connection with a purchase transaction, if an private inspector, not a village inspector, identifies a defect that is in need of repair, the owner/seller has the option to:

1. Do nothing and say they will not correct the defect

2. Remedy (fix) the defect in the manner they see fit (the purchaser should ask for the right to reinspect), OR

3. Provide the purchaser/buyer with a closing cost credit that approximates the cost to make...
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Q: Property has been sold for taxes, Im not able to pay the taxes back by the redemption period how long do I have to stay?

1 Answer | Asked in Tax Law and Real Estate Law for Illinois on
Answered on Feb 2, 2017

You should contact a lawyer immediately if you have not already done so.
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Q: I cosigned for my daughter to purchase a town home. I she defaults, can they take my house if I do not pay her mortgage?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 2, 2017

The answer depends on whether you signed a mortgage and if the mortgage you signed encumbers your residence.

If you just signed the note, the lender's only recourse against you would be for money in the event of a default (her failure to pay).

If you signed a mortgage and the mortgage was against your own property or was cross collateralized then the bank could come after your home in the event of a default.
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Q: I'd like to file a complaint against an emotionally abusive landlord. Who/What organization do I send the letter to?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Illinois on
Answered on Feb 2, 2017

Without knowing the location of the property, I can only provide general information.

As far as the emotional abuse, unfortunately, unless the tenants are elderly, I am unaware of any body that you can complain to. You might begin your search for more information by reaching out to the village, mayor or local alderman for more information.

If the property is located in Chicago, you may have legal rights which you could pursue in a court of law.
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Q: Hello, I was evicted from an apartment that both me and a friend I was renting. How can I get this off my record?

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Illinois on
Answered on Feb 2, 2017

I do not see question that can be answered.

An eviction cannot be removed from your record. An eviction is a publicly filed court matter.

A judgment, which result after a formal eviction, can be placed on your record if it is recorded in the county where you reside. A judgment can be released, however never erased, by the recording of a release signed by the judgment creditor (landlord).
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Q: We are almost 60, not married, and looking to purchase a home together. I can pay my 1/2 in full, he can't.

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Feb 2, 2017

If I understand your question, you would like to know the home should be owned in the event that one of you should die. Depending on how you would like your 50% interest to pass upon your death, you will select one of the following:

1. Joint Tenants – Upon the death of one owner(s), the surviving owner(s) inherit(s) the deceased owners interest in the property.

2. Tenants in Common – Upon the death of one owner(s), the deceased owner(s) heirs or estate inherit(s) the...
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Q: Regarding Default Judgments In Real Estate

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Jan 30, 2017

A judgment in favor of a private party that is recorded is enforceable against the debtor for 7 years. It does not matter that the property has been sold. If you owe your landlord rent, and they get a judgment for rent and record that judgment, that judgment is enforceable and can be collected for 7 years after the date of ENTRY, not recording, by the creditor (the party who the judgment is in favor of).
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Q: How does it work if I die and leave my house to my daughter and it is not paid for?

1 Answer | Asked in Real Estate Law and Estate Planning for Illinois on
Answered on Jan 30, 2017

Liens (mortgages) are not extinguished by the death of an owner. Any open liens (mortgages) stay legally attached to the property. So if you leave your home to a child, and at the time of your death there is a $150,000 mortgage, your child inherits the property "Subject To" the mortgage. Your child has no financial responsibility to repay or make payments to the lender, however if the mortgage is not paid and goes into default, the lender can foreclose the mortgage and take possession and...
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Q: My late father quit claimed my house to me, it was in my step mom and dad's name.Is this enough so she can't kick me ou?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Jan 30, 2017

So long as your late father properly transferred his interest in the property to you by executing a deed that has been recorded, you cannot simply be kicked out, removed or even evicted.
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Q: My neighbors have a large bush in their yard that extends up above the fence that separates our two properties.

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Jan 30, 2017

Yes, you are legally permitted to maintain any greenery that extends over and onto your property, regardless of whether it is touching your actual ground or it is within the vertical airspace of your property.

Although you may have already done so, in order to maintain civility with the person next door, you would be wise to inform your neighbor that you will be doing some maintenance on the side of the bush which extends over and onto (is located on) your lot (property).
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Q: What is the definition of "family" for housing purposes?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Illinois on
Answered on Jan 30, 2017

If the term is not defined within the declaration or the bylaws that govern the association/unit, then the meaning of the term is open to interpretation. With that being said, I think both of the examples you provided were consistent with the intended meaning of the term "Family", especially in the 21st century.
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Q: Deceased mother held property in joint tenancy with her deceased mother.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Answered on Jan 30, 2017

As a surviving joint tenancy, your mother became the 100% absolute owner upon the death of her mother.

In order to transfer the property, you will need to prepare an executors deed conveying the property from your mothers estate to whoever the will directs or your mother's heirs.
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Q: What is a Condo Board function in transfer money from building insurance to incur damage 3 condo owners ?

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Jan 18, 2017

The Board of your Condominium has duty to all residents/members to ensure that insurance proceeds are applied properly for repairs. Once those repairs have been completed, the Board is responsible to ensure that any applicable warranty is honored. Finally, the Board is also required to prevent the placement of any claims by workers against the Condo Association - i.e. to prevent the placement of a Mechanics Lien. It appears that in this case your Board wants you to agree to certain safeguards...
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