Posted on June 30, 2020 in Foreclosure

When purchasing a condominium, you need to be aware of the various rules and regulations governing the condominium association. For example, if you fail to pay required condominium assessments or common expenses, the association can foreclose on your unit. And if you happened to be the person who buys a condominium at a foreclosure sale, you may also find yourself on the hook for the previous owner's unpaid expenses.

Appellate Court Determines Who is Responsible for Previous Costs

A recent case from Cook County, Shannon Court Condominium Association v. Armada Express, Inc., helps to illustrate how these issues work in practice. This case involves a condo building in Streamwood, Illinois, where the co-owners of a particular unit failed to pay over $5,000 in condo assessments. The condo association, Shannon Court, then filed a foreclosure action and obtained a final judgment evicting the owners in January 2018.

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 Posted on June 25, 2020 in Arlington Heights Foreclosure Attorney

Illinois foreclosure law requires a judge to follow a number of steps before approving or confirming a property sale. One of these steps is to ensure that the mortgage lender or their representative has published a proper notice of the sale. Even in the Internet age, the law requires publication of this notice via newspaper advertisements. More precisely, the notice of sale must be published for three consecutive weeks in a “newspaper circulated to the general public in the county in which the real estate is located.” In counties with more than 3 million people–i.e., Cook County–the notice must be published in the township where the property is located.

Not All Defects Warrant a Reverse of Sale

An Illinois appellate court recently rejected a homeowner's attempt to undo the judicial sale of their property due to a technical failure to follow the notice requirement. The lender filed a complaint to foreclose on the mortgage in January 2010. The judgment itself was entered more than eight years later, in October 2018. In July 2019, the lender filed a notice of sale, which was published in the Chicago Daily Law Bulletin and the “Glenview Announcements,” the latter of which is published by the Chicago Tribune.

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 Posted on June 25, 2020 in Estate Planning

When an adult has a severe disability, he or she may be unable to make competent decisions on his or her own. The disability may leave him or her unable to function independently or stay out of harm’s way. If your loved one is disabled and you worry that he or she may not be capable of making responsible, safe decisions, you may be interested in learning about adult guardianships. Being someone’s guardian is a major responsibility that must be granted by the court. An experienced estate planning attorney can help you pursue guardianship of a disabled adult.

When Can Someone Become a Disabled Person’s Guardian?

A guardian is a person or an institution that is tasked with managing a disabled person’s affairs. Illinois courts only appoint someone to be a guardian if the individual has established that they will act in the best interests of the disabled person or “ward.” Disabilities that qualify a person for guardianship include physical disabilities, developmental disabilities, mental illnesses, and mental decline from conditions such as dementia or Alzheimer’s Disease. Illinois law also allows a guardian to be appointed if a person suffers from a severe gambling addiction or substance abuse problem. In order for the court to award guardianship of a disabled adult, the person’s disability must be severe enough to prevent the person from making and expressing sensible decisions.

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 Posted on June 03, 2020 in Foreclosure

Foreclosure is the legal process during which a home is sold to settle an unpaid mortgage debt. When a homeowner falls behind on his or her mortgage payments, the home may go into foreclosure, and the mortgage lender may seize the property. In Illinois, all foreclosures are “judicial” which means that the process is carried out through the court system. In other states, non-judicial foreclosures may be an option, but Illinois law only permits judicial foreclosures. The legal process of foreclosing on a home can take several months to several years in Illinois. If you are concerned that your home may go into foreclosure, talk to an experienced foreclosure attorney so that you can explore potential defenses.

When Does a Mortgage Servicer Initiate a Foreclosure?

Life can be unpredictable to say the least. When an unexpected illness, disability, job loss, or other financial hardship occurs, a homeowner may fall behind on his or her mortgage payments. A mortgage servicer cannot initiate foreclosure procedures simply because a borrower has missed one or two payments. However, when a borrower is over 120 days delinquent on their mortgage loan payments, the servicer may begin the foreclosure. A homeowner who has not been making payments will receive a “breach letter” that notifies him or her that he or she is in default on the mortgage loan. At this point, the homeowner should speak to a lawyer and start exploring alternatives to foreclosure such as a loan modification or short sale. If nothing is done to remedy the default, the servicer will officially begin foreclosure proceedings

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 Posted on May 27, 2020 in Real Estate

As the country slowly begins to open back up in the wake of the coronavirus outbreak, many individuals and families will soon be in the market for a new home. In fact, the spring season is usually one of the busiest times of the year for the real estate industry, and this year is not likely to be an exception.

It is not uncommon for a person to buy a home without the help of a real estate attorney. However, there is value in hiring one to help with your transaction. This is especially true if you run into legal issues along the way. It is important to understand how a real estate attorney can help and when you should absolutely have one on your side.

When a Real Estate Attorney is Necessary

If the property you are purchasing has unique issues, such as a pool, a fence, or other structures that could cause problems with local zoning and building codes, an attorney can help to ensure everything was built according to code and with the proper permits. An attorney can also help ensure that property lines have been adhered to when structures are near property lines. You should certainly hire an attorney if you have any plans to build or expand on the existing structures. Doing so can help ensure that any plans for the house are in compliance with all applicable local zoning laws.

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 Posted on May 20, 2020 in Foreclosure

As the nation has struggled financially due to the shutdown caused by the COVID-19 outbreak, the federal government placed a freeze on foreclosure and eviction proceedings by Fannie Mae, Freddie Mac, and other government agencies. Many of the country’s leading mortgage lenders and banks also announced programs designed to assist homeowners facing difficulties making their mortgage payments.

The specifics of the programs offered by the various lenders can vary widely, as not all institutions can afford to go very long without payments from their borrowers. Such inconsistencies have left many homeowners still worried about what will happen in the next few weeks and months. With this in mind, lawmakers in Illinois are working to pass a bill that would offer relief to renters, homeowners, and lenders before the new month begins.

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 Posted on May 15, 2020 in Loan Modification

When you are facing financial distress, you might explore options like modifying your mortgage loan terms or negotiating with your lender to avoid foreclosure. Foreclosure can have a substantial impact on your current and future credit, not to mention the loss of your home. If you are struggling to make your mortgage payments, a loan modification request might be the best way for you to get your debt under control.

Requesting a loan modification does not always result in an approval. Your request can be denied for a variety of reasons. In many of these cases, it is possible to resubmit the request and potentially have it approved with additional information provided. If you are facing this situation, speak with an experienced attorney about your options.

You Have Insufficient Credit or Income

If you are denied due to having credit issues or not enough money to afford the modified loan terms, you will have to make changes in your daily lifestyle and expenditures. For example, if you have outstanding debt, pay at least some of it. If you cannot afford to pay your entire credit card balance, even paying a portion of it can help you. Similarly, if you cannot show that you have a certain amount of available cash, make changes like selling a vehicle or cutting unnecessary expenses like cable or dining out to save money.

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 Posted on May 07, 2020 in Real Estate

If you are ready to sell your home, you may have several questions and concerns including whether or not you should employ the assistance of a real estate agent. Selling a home is a major undertaking that is full of potential complications, but it is possible to sell your home without the help of an agent. There are both advantages and disadvantages associated with selling a home “for sale by owner” or FSBO. While you avoid paying a listing agent’s commission, you also incur major responsibilities. According to one study, only about ten percent of people selling their homes complete the sale without assistance from a real estate agent. If you want to learn more about your options when selling your home, an experienced real estate lawyer can be a tremendous resource.

What Are the Pros and Cons of an FSBO Sale?

When you sell your home without input and guidance from a real estate agent, you gain total control over the sale. This means that you get to determine the listing price, the selling strategy, and the details on the listing. You will also be in charge of organizing open houses or tours of your home. For many, this level of control is appealing. Individuals who sell their homes on their own also avoid paying the listing agent’s three percent commission fee.  

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 Posted on April 29, 2020 in Foreclosure

If you are behind on your mortgage payments, you know just how stressful it can be. You may end up losing sleep because you are worried about what will happen to your home. If you owe more on the home than it is worth, you may be a risk of foreclosure. In situations like these, one option that many people find preferable to foreclosure is a short sale.

During a short sale, a home is sold for less than what the owner owns on the home. Additionally, the lender generally agrees to accept less than the amount owed by the borrower by means of a the short sale. This option comes with certain advantages, as well as some disadvantages. If you are concerned that your home may be foreclosed on, a qualified foreclosure lawyer can help you determine whether or not a short sale may be right for you.

Short Selling to Avoid Foreclosure

Research shows that approximately one in every 1,380 Illinois homes is foreclosed on. Foreclosure can be an extremely stressful and embarrassing process to endure. Although foreclosure can happen to anyone, many people feel a great deal of shame regarding foreclosure. The greatest benefit of a short sale is that it can allow you to avoid foreclosure. When a you have a foreclosure in his or her credit history, you will not be eligible for another mortgage for a minimum of seven years. However, this waiting period may be as short as two years if the home is sold through a short sale.

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 Posted on April 21, 2020 in Loan Modification

You did not plan to fall behind on your mortgage. In fact, when you bought your home (or refinanced), you probably assumed that you would have more than enough income to make your payments each month. Unfortunately, things do not always go according to plan, and suddenly, you might now be several months behind and facing the possibility of foreclosure.

The good news is that if your lender has not initiated foreclosure proceedings yet, you have a number of options that could keep you in your home. Once the proceedings have begun, you will probably have fewer options, but some almost certainly still exist. Depending on your situation, your best bet may be to seek a mortgage loan modification.

Know Your Options

If you are like most homeowners, speaking with your lender about modifying your mortgage loan may be extremely intimidating. While laws have been passed and programs have been introduced to help struggling homeowners, the reality is that your lender holds most of the cards when it comes to the terms of a modification. There are, however, some ways to help the process go smoothly.

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