Posted on December 09, 2020 in Real Estate

Residential real estate transactions can be very complex, and whether you are buying or selling a home, you will need to address a variety of legal issues and meet a number of requirements. As you prepare for your home closing, you may encounter obstacles that affect your ability to complete the transaction. One issue that may arise is the discovery of liens against a property, and these will need to be cleared before your closing date.

Understanding and Clearing Liens

A lien is an unpaid debt that is attached to a property. There are a variety of situations in which liens may exist, including:

• Mechanic’s liens - If a contractor or subcontractor was not fully paid for construction work done on a property, they may file this type of lien to recover the money they are owed.

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 Posted on December 04, 2020 in Real Estate

The coronavirus pandemic has had a massive impact on the economy of the United States, affecting both individuals and businesses. In many cases, job losses or requirements to close businesses or scale back operations have made it difficult or impossible for tenants to pay rent. This has put many landlords in a difficult position, especially since multiple states, including Illinois, have placed a moratorium on evictions. As landlords determine how they can recoup their investments in the property they own, they may be able to negotiate lease modifications with tenants. This can provide them with some protections and allow them to move forward with their business goals as the country continues to address the effects of COVID-19.

Rent Deferrals and Modifications to Lease Agreements

When tenants are struggling to pay rent, they may request concessions from a landlord that will decrease their financial obligations. These concessions may include the deferral of rent payments for a certain period of time or a temporary reduction in the amount to be paid. When negotiating a rent deferral, landlords will want to make sure both parties understand the amount of time that deferrals will last, how the deferred amount will be paid back, and whether interest will apply to the amount owed.

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 Posted on December 02, 2020 in Real Estate

There are many reasons why you may wish to move to a new home. You may be pursuing job opportunities in a new area, you may need more space for your growing family, or you may simply be looking to make a fresh start in a new community. While moving can be exciting, the process of selling your home can sometimes be lengthy and complicated, and you will want to understand the factors that can affect your ability to complete this transaction. Home inspections and appraisals can often have a significant impact on the purchase price of your home and the closing costs you will be required to pay, so you will want to be sure to understand the best way to approach these events.

Appraisals Vs. Inspections

An appraisal will determine the market value of your home, while an inspection will address its condition and identify any issues that may need to be repaired or addressed. An appraisal will typically be scheduled by the buyer’s mortgage lender, and if the appraised value of the home is lower than the offer made by the buyer, the buyer may attempt to renegotiate the price, or they may back out of the sale if contingencies in the purchase contract allow them to do so. Steps sellers can take to ensure that their home is appraised properly include making improvements and fixes to minor issues and ensuring that the property is clean and well-maintained.

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 Posted on November 19, 2020 in Foreclosure

Many people and families throughout the United States are struggling with debt, especially during the COVID-19 pandemic, which has resulted in the loss of jobs, reductions in the income that people are able to earn, and other financial difficulties. Homeowners who are struggling to pay ongoing expenses may be concerned about what will happen if they default on their mortgage, including whether they may face foreclosure. While some homeowners may be able to avoid foreclosure through a loan modification, others may find that they will be unable to avoid losing their home. In these cases, a short sale can sometimes be beneficial.

What Is a Short Sale?

A homeowner may owe more on their mortgage than their home is actually worth. If the homeowner is experiencing financial hardship, they may be able to sell their home at a fair price and avoid owing additional money to their mortgage lender. In many cases, a lender will need to approve a short sale, although it may be possible to complete a transaction without lender approval.

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 Posted on November 04, 2020 in Real Estate

Homeownership is an important goal for many American families. Buying a home is an exciting prospect, but the process of doing so can be very complicated. Once you get pre-approval for a mortgage, sign a purchase contract, and put down earnest money, this process begins, and you will spend the next several weeks working to complete the necessary steps to close on the home. As you prepare to move in, you will want to understand exactly what will happen at your home closing. With the right real estate attorney on your side, you can make sure the closing process proceeds smoothly, and you can make sure you are ready once your closing date arrives.

Steps Followed at Your Closing Date

Multiple people may be present at your closing, but the parties will usually include you (the buyer), your attorney, your real estate agent, and a closing agent who works for your mortgage lender or the title company. The seller or their real estate agent may also attend the closing. You will want to bring a cashier’s check in the amount of your closing costs, along with proof that you have obtained homeowner’s insurance and completed a home inspection, as well as any other documentation required by your lender.

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 Posted on October 29, 2020 in Foreclosure

The economic impact of the COVID-19 pandemic has been significant. Many people throughout the United States have either taken a pay cut, been temporarily furloughed, or lost their jobs completely. As a result, renters and homeowners are struggling to make their monthly housing payments. While repossession and foreclosure are both processes used by creditors to reclaim property that is used as collateral for a loan, the procedures followed in each type of case are different.

Defaulting on a Loan

Repossession is common in vehicle loans. Once a person becomes delinquent on payments and the borrower is in default on the loan, the lender can take back possession of the property at any time. The foreclosure process, on the other hand, is more complicated than repossession. If someone is 120 days delinquent on his or her mortgage, the lender can begin official foreclosure proceedings by filing a complaint in court. The homeowner has 30 days to respond to the complaint.

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 Posted on October 20, 2020 in Foreclosure

The impact of COVID-19 has been widespread, with public health concerns as well as an economic downfall. In response to stay-at-home and quarantine orders issued by local governments, non-essential businesses were forced to close. As a result, many people throughout the United States have lost their jobs. This has resulted in a record-setting number of unemployment claims, but it also left millions of people facing housing insecurity because of lost income. For families, even one parent losing his or her job can be devastating if they rely on that income to pay their rent or mortgage. When too many payments are missed, the lending institution can take possession of the home through legal foreclosure proceedings. If you are facing foreclosure on your home, you may be eligible for a loan modification. 

What Is Involved in the Foreclosure Process? 

Foreclosure is a legal process by which a lender attempts to recover the balance of a loan from a borrower who has defaulted on the loan. Usually, this means that the borrower stopped making payments to the lender, and foreclosure works by forcing the sale of the asset used as the collateral for the loan. In Illinois, foreclosures are judicial, which means the lender (the plaintiff) must file a lawsuit (a complaint) in court. The complaint is served to the borrower, along with a summons that typically provides 30 days for the borrower to file an answer.

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 Posted on October 14, 2020 in Arlington Heights Foreclosure Attorney

Buying a home can be a dream come true for many people. Even if you worked hard and saved a substantial amount for a down payment, you will likely still need to take out a loan, which is known as a mortgage. If you fail to make your monthly mortgage payments, you could be at risk of losing your house. Foreclosure is the legal process by which the lender or bank can repossess your house. This means you will have to vacate the premises within a certain amount of time.

If your house is worth less than the amount you owe on your loan, a deficiency judgment may be entered. Not only do you lose your home, but you may owe your lender additional money to make up the difference in value, and your credit score will go down. The global coronavirus pandemic has impacted many homeowners financially. Fortunately, there are ways you can avoid going through foreclosure.

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 Posted on October 06, 2020 in Foreclosure

Buying your first home can be exciting, but it can also be overwhelming to take on such a major responsibility. Regardless if you are single or married, it is important to carefully consider your mortgage and what you can afford in terms of a loan. During the COVID-19 pandemic, many people have been furloughed or laid off from their jobs for an indefinite period of time. Although they may be entitled to unemployment, those funds may not cover their monthly mortgage payment. The federal government has issued protections for tenants and mortgage loan borrowers under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. However, once this moratorium expires, home owners may still be struggling to keep afloat financially if they cannot return to work. Forensic loan auditing can help reveal any violation of the law with regard to the loan package. An experienced attorney can help determine if this specific type of auditing can help in your foreclosure defense. 

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 Posted on September 29, 2020 in Loan Modification

Are you having a difficult time making your monthly mortgage payment? If so, the first thing you need to know is that you are not alone. At any given time, thousands of homeowners are encountering situations in which they have trouble meeting their mortgage obligations, and for a myriad of reasons. For many homeowners, 2020 has been especially difficult, as the economic impact of the COVID-19 health crisis continues to cause problems even now. 

If you are struggling with your current mortgage payment, you have a few options. Two of the most common are refinancing your loan or modifying your existing loan. Loan modification and a refinance might seem similar at first glance, but they have very important differences that you need to keep in mind.

Refinancing Your Home

One of the impacts of the COVID-19 crisis is the dropping of mortgage interest rates. Currently, mortgage interest rates are as low or lower than they have been in quite some time. This means that many homeowners could potentially save tens of thousands of dollars by refinancing their homes. With a refinance, however, the homeowner retires the existing loan and takes out a brand-new loan with better terms. Doing so requires a full application, along with proof of income and, in nearly every case, a credit review.

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