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Recent Blog Posts

What Is the Eviction Process for Residential Landlords in Illinois?

 Posted on December 14, 2021 in Real Estate

round lake foreclosure defense lawyerLandlords need to be able to earn sufficient income through the property they own in order to make sure they are receiving the appropriate returns on their investments. To protect their financial interests, there are some cases where landlords may need to take action to evict tenants. While a moratorium on evictions was in effect for much of 2020 and 2021 due to the COVID-19 pandemic, this moratorium ended in October of 2021. While there are some cases where landlords may be able to help tenants apply for emergency rental assistance or negotiate lease modifications that will allow tenants to make affordable rent payments, if a workable solution cannot be found, evictions may be necessary. In these situations, landlords will need to make sure they are following the proper procedures during the eviction process.

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UPDATE: Understanding a Consent Foreclosure in Illinois

 Posted on November 09, 2021 in Foreclosure

Grayslake Foreclosure Defense LawyerOriginally published: July 19, 2019 -- Updated: November 8, 2021

UPDATE: A consent foreclosure, as described below, may be a beneficial way for a person to relinquish ownership of their home and avoid a deficiency judgment. However, homeowners who are considering a consent foreclosure should be sure to understand how this will affect their credit. The completion of a foreclosure will be included in a person’s credit report, which could affect their ability to secure a mortgage in the future. If this will be a concern, a homeowner may need to determine whether completing a short sale or using a deed in lieu of foreclosure will be a more beneficial option.

Homeowners should also understand how junior liens such as a second mortgage or home equity line of credit may affect their ability to complete a consent foreclosure. A consent foreclosure will remove all liens from the title of the home, and a mortgage lender will waive their right to pursue a deficiency judgment to collect any additional amounts owed on a mortgage. All lenders who have an interest in the property must consent to this type of foreclosure. Because junior mortgage lenders may not be able to recover what is owed, they may object to a consent foreclosure. If objections prevent a homeowner from completing a consent foreclosure, they may need to consider other options. In some cases, a judicial foreclosure may be completed.

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When Is a Quit Claim Deed Used to Transfer Ownership of Real Estate?

 Posted on October 19, 2021 in Real Estate

Gurnee Real Estate AttorneyDuring a residential real estate transaction or another situation where ownership of a home is transferred from one party to another, the parties will use a deed to complete the transfer. A deed is a legal document in which a grantor who owns or has a claim to the property will transfer their ownership interests to a grantee. There are multiple types of deeds that may be used, and in some cases, a grantor may be looking for a simple release of their ownership claim. In these situations, a quit claim deed may be used, but when doing so, the parties should be sure to understand how this type of deed will affect their rights and obligations.

Situations Where a Quit Claim Deed May Be Used

Typically, ownership of real estate is transferred using a warranty deed, which will provide the grantee with protections and ensure that they are not liable for liens on the property or other encumbrances. A quit claim deed will not provide a grantee with these types of protections. Instead, it simply releases the grantor’s claim on the property. It will not affect the mortgage on the property, and a grantor may still be liable for paying off the amount due on the home loan. 

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How Can a Forbearance Agreement Affect the Sale of a Home?

 Posted on September 16, 2021 in Real Estate

Round Lake Bankruptcy AttorneyHomeowners may experience financial difficulties that affect their ability to make mortgage payments. The COVID-19 pandemic has led to hardship for many homeowners, and government programs have been implemented to provide homeowners with relief. In some cases, a homeowner may qualify for forbearance, which will allow them to temporarily pause or reduce mortgage payments. Homeowners who have received forbearances will need to understand how this will affect their ability to sell their home

Addressing Forbearances During a Real Estate Transaction

A homeowner can request a forbearance if they experience financial hardship, and a mortgage lender may agree to defer a certain number of mortgage payments, or a person’s monthly payments may be reduced temporarily. However, it is important to understand that these amounts will need to be paid at a later date. Depending on the details of a forbearance agreement, a balloon payment may be added to the end of a loan, or a payment plan may be created in which the amount that is due will be paid off in addition to ongoing mortgage payments. A homeowner may also be able to negotiate loan modifications that will allow them to make affordable payments as they pay off their mortgage and any additional amounts that are due.

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What Options Do Landlords Have After the End of the Eviction Moratorium?

 Posted on September 07, 2021 in Real Estate

libertyville real estate lawyerMany families have been affected by the COVID-19 pandemic, and those who have experienced financial difficulties may have struggled to pay ongoing expenses, including rent. To help protect families from losing their homes and being put at risk of infections, the federal government placed a moratorium on evictions, and multiple state governments did the same. A recent Supreme Court decision ended the federal eviction moratorium, but Illinois’ moratorium is still in effect, and Governor J.B. Pritzker has stated that it will be extended through October 3, 2021. Landlords with tenants who have been unable to pay rent will need to understand their options, including determining whether they may be able to perform evictions or use lease modifications.

Availability of Emergency Rental Assistance

Tenants who have struggled to pay rent and landlords facing financial difficulties due to the inability to collect rent payments may qualify for emergency rental assistance (ERA) provided by state and local programs, including the Illinois Rental Payment Program. The Biden administration and the Treasury Department have implemented new rules meant to ensure that people who qualify for ERA can receive relief quickly. These include:

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How Can the Flex Modification Program Prevent Foreclosure?

 Posted on August 24, 2021 in Foreclosure

Waukegan Mortgage Relief AttorneyAnyone can encounter financial problems that affect their ability to meet their obligations. Homeowners who are struggling to pay bills may be concerned about what will happen if they get behind on their mortgage payments. Those who are worried about the possibility of foreclosure will want to understand their options, and in some cases, they may qualify for mortgage relief through the Flex Modification Program. 

Eligibility for the Flex Modification Program

To determine whether they qualify for the Flex Modification Program, homeowners will need to understand who owns their loan. This program is available for mortgages owned or guaranteed by the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac). While a mortgage may have originated with a bank or another private lender, many mortgages are sold to other investors, including Fannie Mae and Freddie Mac. While these loans may then be sold to another investor, they will often be guaranteed by Fannie Mae or Freddie Mac, allowing homeowners to take advantage of relief through the Flex Modification Program.

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What Are The Different Types of Deeds?

 Posted on July 23, 2021 in Real Estate

 

Lake County Real Estate AttorneySelling or purchasing a home can be a stressful and exciting time. There are several tasks you must remember and several documents you must sign in order to ensure that everything goes smoothly. This is why it is important to make sure that you properly execute the right documents. One such document you must have is the deed. The deed transfers the title of the property to or from you. There are four commonly seen deed categories: Quit Claim, Warranty, Special Warranty, and In Trust Deeds. When buying or selling real estate, it is important to understand the differences in each type of deed. Here is what you should know.

Quit Claim Deeds

A Quit Claim Deed does as it sounds: it renounces one’s interest in a piece of property. The individual who acquires the property through a Quit Claim Deed does not promise that the property will be free of third-party interests, such as liens. A Quit Claim Deed also fails to provide any warranties as to the property or nuisances within the property. Put simply, with a Quit Claim Deed clear title of the property is not promised.

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Foreclosure Moratorium Extended Again With Protections for Borrowers

 Posted on July 09, 2021 in Foreclosure

lake forest foreclosure attorneyMany families in the United States face the threat of foreclosure due to financial difficulties related to the COVID-19 pandemic. Fortunately, most of these families have been able to avoid losing their homes thanks to the moratorium on foreclosures that was put in place in March of 2020. This moratorium has been extended several times, and while it was scheduled to expire on June 30, 2021, it has been extended once again. Homeowners may be able to make use of provisions that will allow them to maintain ownership of their homes.

Foreclosure Relief for Federally-Backed Mortgages

The federal foreclosure moratorium has been extended through July 31, 2021. This moratorium applies to homes financed through USDA Single-Family Housing Direct and Guaranteed loans, as well as single-family mortgages backed by Fannie Mae and Freddie Mac.

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How Can Mechanic’s Liens Affect a Real Estate Transaction?

 Posted on June 23, 2021 in Real Estate

lake county residental real estate lawyerDuring a residential real estate transaction, all encumbrances on the title of the property will need to be resolved before the transaction can be completed. These encumbrances may include liens by creditors seeking repayment from the homeowner, such as mechanic’s liens. Those planning to sell their home will need to determine how to address any mechanic’s liens and resolve these issues to ensure that they can complete the sale successfully.

What Is a Mechanic’s Lien?

A mechanic’s lien allows a contractor or supplier who performed repairs or made improvements to a home to collect payment for any unpaid work. While homeowners will usually be able to resolve any payment issues with a general contractor, subcontractors or suppliers who were not paid by the primary contractor may also use mechanic’s liens to collect the payments they are owed. 

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Mistakes to Avoid When Preparing to Buy a Home

 Posted on June 10, 2021 in Real Estate

chicago real estate lawyerFor many people and families, homeownership is an important goal. Owning your own home not only ensures that you and your family will have a place to live and call your own, but it is also a good investment that can provide you with a number of financial benefits. However, if you are planning to buy a home, you will want to be aware of some mistakes that could affect your ability to obtain a mortgage or make a good offer on a property. These include:

  • Failing to get preapproval for a mortgage - The first step to buying a home often involves understanding what you can afford. By looking at your income and expenses, you can determine an amount that you will be able to put toward a mortgage each month. With this information, you then work with a bank or other mortgage lender to get preapproval for a loan of a certain amount. With this preapproval, you will be able to make an offer once you have found the home you want to buy, and this will show a seller that you will be able to pay the amount offered.

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