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Illinois Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: My great grandmother had land in Puerto Rico and passed in the 1970s. Do we still have claim on the land?

My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.

James G. Ahlberg
James G. Ahlberg answered on Jan 11, 2022

This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: If a couple is living together and is unmarried, and only one has right to possession does other person have claim?

If a couple is living together unmarried and previously one of the people purchased the house In their name, if the couple was to break up does the person without ownership have any legal claim to the property?

Erik K Jacobs
Erik K Jacobs answered on Jan 6, 2022

The short answer is no. The property was purchased prior to the relationship and was the sole property of the person purchasing it. It is not marital property, since there was no marriage.

1 Answer | Asked in Real Estate Law for Illinois on
Q: If I purchased investment properties in Illinois before I was married does my wife have any rights to the properties?
Erik K Jacobs
Erik K Jacobs answered on Jan 5, 2022

Unfortunately, without more information, the law is not so black and white. Like many other legal questions, the answer is maybe. Did you buy the properties outright or did you obtain a mortgage? If you bought them outright, did you ever add your wife to the title? If you had a mortgage, did... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: What do we do

My husband and I are in the process of buying our home. We have a verbal agreement with the owner stating “as long as we finish renovating at our expense we can come up with an outstanding payment”. We just received a letter about tax delinquencies and the house has been bought by someone else... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

You need to meet with a competent real estate attorney ASAP, within the next few days if possible. Bring every scrap of the paperwork you have regarding the property and the tax sale to that appointment.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm a disabled renter who resides in a building that has been sold for taxes and the deed has been submitted to the cour

It was sold over 2yrs ago and I just found out, now the person claiming to own the property STILL wants rent and is telling me information that I know isn't true, what should I do

Erik K Jacobs
Erik K Jacobs answered on Nov 18, 2021

If the tax buyer has just recently applied for a deed to the property with the court, then the previous owner still "owns" the property until the court deeds it to the tax buyer. When you say "person claiming to own the property" I'm not sure if you mean the person holding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I need to know whether to continue to pay rent where I live cause it was sold for back taxes and I'm disabled...

It was sold almost a month prior to us moving in

Erik K Jacobs
Erik K Jacobs answered on Nov 18, 2021

First off, I'd need a little more information. Were the taxes sold? If so, you would continue to pay rent to the registered owner. The owner can always redeem the taxes by paying the arrearage and interest. Perhaps a call to the County treasurer's office would be in order. In my... Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Our mother passed away approximately 2 years ago, and we are still paying the mortgage on the property.

What options do do we have to place the property under one of my siblings names and or a trust.

Erik K Jacobs
Erik K Jacobs answered on Nov 12, 2021

First off, I'm assuming that the property was in her name and not in a trust. Was there a will? That would determine who initially has title to the home. If your mother died without a will and she did not have a surviving spouse, then the house goes to her heirs at law.

Was an...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is it legal for another party to remove your name from the title of your home ?
Erik K Jacobs
Erik K Jacobs answered on Nov 2, 2021

Well, in order for your name to be "removed" from title, you would have to sign some sort of a deed conveying your interest to someone else. If you did not execute a deed, then your interest hasn't been conveyed. If someone forged your signature, that's a different issue.

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
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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