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Illinois Residential Real Estate Legal Questions

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10 legal [2, *]questions have been posted about residential real estate by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Illinois Residential Real Estate Questions & Legal Answers
Do you have any Illinois Residential Real Estate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 10 previously answered Illinois Residential Real Estate questions.
Residential Real Estate
Illinois

Recent Legal Answers

Can I purchase a home with a IRS lean on it

Answered 13 years and 7 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
It is often possible to negotiate a release of a lien for payment at the time of closing.  However, it is important to consult with an attorney, as there may be other liens on the property.
It is often possible to negotiate a release of a lien for payment at the time of closing.  However, it is important to consult with an attorney,... Read Answer

Can I receive retroactive homestead exemption on my primary residence? I''ve owned my home since 2007 and only received the exemption for 2011?

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
Contact your township or county assessor's office.  They can answer your question and provide necessary forms.
Contact your township or county assessor's office.  They can answer your question and provide necessary forms.

Who is responsible for a mortgage loan that has one person on the closing douments and a different person on the deed?

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
A quit claim deed transferring title does not generally affect the mortgage lien.  The same people will still be responsible for the mortgage.
A quit claim deed transferring title does not generally affect the mortgage lien.  The same people will still be responsible for the mortgage.

Is it legal to assign a contract on a property in IL?

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
Contracts can be assigned in Illinois.  However, many contracts contain a provision that prohibits assignment.  I suggest that you have an attorney read your contract to correctly answer your question.
Contracts can be assigned in Illinois.  However, many contracts contain a provision that prohibits assignment.  I suggest that you have an... Read Answer

I paid off the mortgage loan on my home. Now I''m trying to get the title/deed to show that I am the unecumbered owner.

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
In all probability, our original deed is the deed to your home.   A release mortgage is no longer a lien on the house.   new deed is not usually prepared just to release a mortgage lien.
In all probability, our original deed is the deed to your home.   A release mortgage is no longer a lien on the house.   new deed... Read Answer

Can my husband sell our home without my permission?

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
If you both live in the home, or if it is titled in both of your names, your husband should probably not be able to sell your home without your permission.  However, the situation can be complicated, so I urge you to contact an experienced real estate lawyer.
If you both live in the home, or if it is titled in both of your names, your husband should probably not be able to sell your home without your... Read Answer

Can I sell my current home and purchase a new one while separated?

Answered 13 years and 9 months ago by James B. Spina (Unclaimed Profile)   |   1 Answer
You should be able to sell your home and buy another one without your spouse, but it would almost certainly require an agreement between the two of you.
You should be able to sell your home and buy another one without your spouse, but it would almost certainly require an agreement between... Read Answer

My condo association is forcing all owners to replace or repair our balconies, and making us pay in full within 3 months. Is this legal?

Answered 14 years and 9 months ago by Cathe R. Evans Williams (Unclaimed Profile)   |   1 Answer
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Condo assessments are the payments made by condominium owners to cover the common expenses of the entire property. Special assessments occur when additional funds are needed to quickly cover an unforeseen shortfall in the association budget and are usually rare when the association maintains a strict budget. When the board votes to assess a special assessment to repair /replace the balconies per a city village mandate, each unit owner will be assessed a special assessment. You may be able to challenge the amount of your assessment based upon your unit percentage ownership or the process the board used to vote, but if all things are correct, you have to pay the assessment or a lien can be placed against your unit. If you think that the board didn't follow proper procedure or that the amount assessed against your unit was incorrectly calculated, feel free to call me. ... Read Answer
Condo assessments are the payments made by condominium owners to cover the common expenses of the entire property. Special assessments occur when... Read Answer

How many board members are required by law in a townhome association?

Answered 14 years and 10 months ago by Cathe R. Evans Williams (Unclaimed Profile)   |   1 Answer
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The Bylaws will dictate the number and officer positions required. Usually you need at least three, the President, Secretary and Treasurer to make sure all necessary functions are carried out and that you have an odd number of officers for tie breaking purposes.  
The Bylaws will dictate the number and officer positions required. Usually you need at least three, the President, Secretary and... Read Answer

Residential Sales Contract Inspection Repair Amendment - - Does a buyer have recourse against a seller for improper repairs prior to closing?

Answered 14 years and 10 months ago by Cathe R. Evans Williams (Unclaimed Profile)   |   1 Answer
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Yes. Since you requested repairs as a result of your inspection report, and the seller agreed to make said repairs as represented in the Addendum, you can sue the seller for breach of contract. You have to be able to prove each element, but you do have a cause of action. 
Yes. Since you requested repairs as a result of your inspection report, and the seller agreed to make said repairs as represented in the... Read Answer
Residential Real Estate
Illinois

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