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Articles filed under Resnick, Tom

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  • Law talk: Lease takes precedence Jul 31, 2011 12:48 PM
    We rented a small house and have a one-year lease. Now the house has been sold and the owner says we must move. Does our lease give us any rights against the new owner, or are we out of luck because of the sale?

     
  • Law talk: Landlord demands more rent Jul 17, 2011 12:00 AM
    A renter moves out at the end of his year lease, but fails to notify the landlord. If a 30-day notice is required, can he be charged three months more rent? Attorney Tom Resnick answers readers' questions about real estate law.

     
  • Law talk: Be aware of major differences when buying foreclosures Jun 21, 2011 11:36 AM
    Q. If I’m trying to buy my first home as cheap as possible, am I better off purchasing the property from a bank, at a foreclosure sale or through a short sale?

     
  • Law talk: Discovering offer was for short sale stops buyer in his tracks Jun 5, 2011 1:00 AM
    Q. Last week I viewed a home. I liked it and wanted to make an offer on this home. I did not know this home was a short sale, was not informed of this and would I have known of this, I would have run away from even thinking of making an offer.

     
  • Law talk: How to finds a property owner May 22, 2011 8:17 AM
    Q. There is a house in my neighborhood that I am interested in purchasing. The woman that lived there died in December and I havenít seen anyone at the house since. How can I find out who is in charge of the home and whether or not it might be for sale?

     
  • Law talk: Evidence of prior damage key to win claim May 8, 2011 8:47 AM
    When a homebuyer discovers a leaking window, can the seller be held responsible for any potential deficiencies after the closing? Attorney Tom Resnick answers readers' questions about real estate law.

     
  • Law talk: Donít let former landlord pocket your deposit Apr 10, 2011 12:00 AM
    Q. I moved out of my apartment about 2 months ago. I have asked my landlord for my $1,500 security deposit back but he refuses to answer my emails. I donít know where he lives. How can I get my security deposit back?

     
  • Buyers, sellers question liability after closing Mar 26, 2011 2:00 AM
    Q. My husband and I purchased a condominium about three months ago, our first home. We just received a notice from the association stating that we owed them $100 for an inspection they did before the closing. Every seller must have their condominium inspected before the sale and the seller is supposed to pay $100 for the inspection, which apparently was not paid.

     
  • Home inspection negotiations end up being a game of chicken Mar 10, 2011 10:11 AM
    Q. My husband and I are selling our home of 32 years. The buyers made a low offer but we realized it wasn’t a great market and we accepted their offer after a little haggling. Their home inspector found 34 things wrong with our house. The buyers wanted us to either fix everything or give them $7,000 off the sale price. We couldn’t believe it. Most of the items cited by the inspector were minor, such as the furnace needing servicing and some stair rails being loose.

     
  • Second mortgages can follow homeowners after foreclosure Feb 12, 2011 5:55 PM
    Q. My husband lost his job about a year and a half ago and as a result, our house was foreclosed. We had two mortgages on the house. We are being sued by the mortgage company that had our second mortgage. We thought that by giving the house back, that would be the end of it. Now we are being sued for over $40,000. I cannot believe we have to deal with this again. Of course, we don’t have $40,000, but is this legal?

     
  • Law talk: Bank refuses to provide survey; what should buyer do now? Dec 31, 2010 12:01 AM
    Q. My husband and I closed on our first home last week. At the closing, the seller's attorney failed to provide a survey although it was required under our contract. The attorney said that this was a bank sale and the bank never provides a survey.

     
  • Even with court order, evictions are not easy Dec 18, 2010 2:32 PM
    Q. We went to court to evict our tenants who were not paying the rent. The judge agreed with us and told the tenants they had to get out by Dec. 10. We went to the property on Dec. 11 and they are still there. We knocked on the door and they would not answer. What do we do now? Can we turn off the utilities? Can we change the locks? A. Changing locks, turning off utilities, breaking knees or any other action taken in an attempt to force out the tenant is considered “self help” and is strictly prohibited in Illinois. In fact, you could subject yourselves to a lawsuit as a result of taking any of these types of actions. How you proceed now depends on the county where the property is located. In Cook County, you have your Order of Possession certified at the clerk’s office and then take the certified order plus $65 to the sheriff in the Daley Center. You will be notified one day before the day the sheriff appears at the property. You are required to physically move the tenant’s possessions out and change the locks. The sheriff is there basically to ensure the peace. If your judgment is in another county, contact the sheriff and ask how to proceed with the eviction. Q. We filed an eviction lawsuit against our tenants. When we went to court, the judge ruled that the tenants had to leave and gave us a judgment for $2,450. The tenants have left but they did not pay the judgment. How can we collect the money they owe us. A. There are numerous methods to collect a judgment, the extent of which is beyond the scope of this column. However, I will provide some direction on some of the more common ways to collect judgments. The most common method is a wage garnishment. If one or both of your ex-tenants are employed, you complete some forms, file the forms with the clerk of the county where you obtained the judgment and then serve the employer through the sheriff. The employer is then required to answer the garnishment, indicating whether or not the judgment debtor is employed at that establishment and, if so, his earnings. You are generally entitled to 15 percent of the judgment debtors earnings per pay period, though this is subject to numerous factors, such as current rate of pay and prior garnishments, including child support. If you are aware of the bank where your ex-tenants did business, you could serve a citation on the bank, much the same way as a wage garnishment is placed. If the bank responds indicating the judgment debtor has funds in that bank, those funds are frozen and you ask the court to issue a “turnover order,” directing the bank to turn over funds to you to satisfy the judgment. In the event the tenant owns real estate, you can record the judgment against that real estate. This generally does not provide immediate relief, however, at some point, the judgment debtor will attempt to refinance or sell the property, at which point you will be contacted to release your judgment lien. Obviously, you will only release the lien in exchange for the judgment being satisfied. There are other methods to satisfy a judgment. Contact an attorney familiar with collection.

     
  • Buyers can back out of short sale if bank has not yet accepted deal Nov 19, 2010 11:24 AM
    My son wrote an offer on a short sale with a $5,000 deposit with real estate agent. The offer has a termination date of Nov. 30 so he wouldn’t get hung up with the short sale taking an inordinate amount of time to be accepted. Now my son has second thoughts about the house and has seen one he likes better and would like to cancel the contract. Obviously he can wait until the expiration date of the offer and hope the bank doesn’t respond by then, but, on the other hand, can he withdraw the offer since the bank has not accepted it yet?

     
  • Security deposit issues can be solved in court Nov 6, 2010 6:47 PM
    I rented a condominium from a guy a little over a year and a half ago. The lease was for one year and after the year was up, we just kept going, though he raised my rent $25.

     
  • Where does wife stand with house and no will? Oct 23, 2010 11:11 AM
    My husband died recently and I just learned that I am not on the deed for the house we lived in the past 22 years. Also, my husband did not have a will. He has two children from a prior marriage with whom I barely have a relationship

     
  • Tenant must follow rules regarding repairs Feb 8, 2011 10:31 AM
    I have been renting a townhouse for about two years. There are many things that need repairing but the landlord will never fix anything. Some things I just let go but others, like the dishwasher not working or plumbing leaks, I have to get fixed.

     
  • Attorney review period allows both parties to back out of sale Mar 8, 2011 4:30 PM
    We signed a contract to sell our home last week. This week, our attorney gets a letter from the buyer's attorney telling us she disapproves of the contract, that the contract is terminated and demanding the return of the buyer's earnest money. We tried to find out what went wrong but neither the buyer nor her agent would return our calls.

     
  • Month-to-month leases can be terminated Aug 15, 2010 12:01 AM
    I have a tenant who signed a one-year lease that ended in June. He sent me a check for July for the same amount as the prior year's rent and I cashed the check. He has now sent me a check for August but I have not cashed the check because I have decided I want him out. He causes problems for my other tenants and I am always chasing him for the rent.

     
  • Hush now, liens really do die after two years Jul 18, 2010 12:01 AM
    I read your explanation of how liens against your home will die a natural death, but I was given different information by several attorneys. If you wait out the two years, yes, the liens are no longer in effect. But you can't sell your home until you have those liens "quieted" in court by an attorney.

     
  • Lien on property still exists even though owner settles dispute Jul 4, 2010 12:01 AM
    Q. A couple years ago I hired a guy to finish part of my basement. He did a lousy job and we ended up fighting over how much he should get paid. I paid him about half of what we originally agreed on and he ended up putting a lien on my property.

     
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