201301.15
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Eviction Procedures

Below are some guidelines for evicting a person in Chicago. Most of this Document assumes that the rental unit is covered by the Residential Ordinance. Under this Document the Chicago Residential Landlord Ordinance, Chicago Municipal Code Title 5 Chapter 12 is referred to as the RLTO. You can obtain a copy of this Ordinance on…

201205.20
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Are Realtors liable if you buy a defective property?

Let’s say you buy a property built on sand. Then as the Good Book says, a storm happens and the house collapses. Is the realtor liable to you because he didn’t tell you that houses built on sand are not very stable? Probably not. In Illinois Normally a realtor can rely upon the disclosures of…

201203.02
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Ways to Organize your Business

The pros and cons of corporations, LLCs, partnerships, sole proprietorships, and more. Type Advantages Disadvantages Sole Proprietorship Simple and inexpensive to create and operateOwner reports profit or loss on his or her personal tax return Owner personally liable for business debts General Partnership Simple and inexpensive to create and operateOwners (partners) report their share of…

201202.19
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Continuing a sheriff sale does not violate the automatic stay

Representing a lender in a long drawn out battle with a borrower over a nonpayment on a balloon mortgage.  The note was secured by a vacate 3 story industrial property.  Foreclosure was strenuously contested.  Twice the borrower filed for Chapter 11 protection on the eve of the sheriff’s sale.  In Illinois a sheriff’s sale terminates…

201201.24
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Appellate Court reversed trial court

The Appellate Court reversed the trial court and found that the insured had an insurable interest in the house even though the court found that the transaction was an equitable mortgage. The decision was a rule 23 one. http://www.state.il.us/court/R23_Orders/AppellateCourt/2011/1stDistrict/1103026_R23.pdf Above is a copy of the decision.

201111.27
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Appellate Argument

Appellate Argument on a case I argued on November 22, 2011. This argument last 90 minutes. This is a lot more time than normal. I was pleased that the Justices understood the facts and devoted this much of their busy day to this matter. Here is the link. http://www.state.il.us/court/Media/Appellate/1st_District.asp The case was Tatum vs Allstate…

201109.21
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Easements

The right for someone to use another’s property. In discussing these matters, lawyers have developed fancy words to describe the two land owners. The burdened property owner–i.e. Peter– is normally called the servient owner and the one person who benefits from the easement is called the dominant owner. Most easements are written but some are…

201107.02
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Home Defects

Bought a Home With Defects? Who’s Responsible? Shortly after moving into a new home you discovered your dream home is now a nightmare.  There is water leaking from the roof, seeping in from the foundations, cracks in the foundation causing the floor to lean, mechanical systems not working, termites chewing the wood, etc.  You call…

201105.20
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7th Circuit Rules that Management Companies are not debt collectors

In a recent decision, the US Court of Appeals for the 7th Circuit ruled that management companies that collect rent for an owner are not debt collectors under the Fair Debt Collection Act. For this opinion read: Carter v AMC LLC Normally an owner hires a mangement company to manage its property and collect the…