Rutland Foreclosure Lawyer, Illinois, page 5


Dean R. Essig

Real Estate, Estate Planning, Family Law, Personal Injury
Status:  In Good Standing           Licensed:  51 Years

Alan Bartky Marsh

Commercial Real Estate, Litigation, Estate Planning, Estate
Status:  In Good Standing           

Paul V. Martin

Accident & Injury, Estate, Lawsuit & Dispute, Real Estate, Wrongful Death
Status:  In Good Standing           Licensed:  51 Years

Mark Edward Anderson

Landlord-Tenant, Federal Appellate Practice, Transactions, Collection, Social Security
Status:  In Good Standing           

Joseph Harland Cantlin

Commercial Real Estate, Estate Planning, Workers' Compensation, Personal Injury
Status:  In Good Standing           Licensed:  17 Years

Andrew Rinehart

Estate Planning, Transactions, Commercial Real Estate, Corporate
Status:  In Good Standing           Licensed:  15 Years

Andrew Scott Rinehart

Estate Planning, Transactions, Commercial Real Estate, Corporate
Status:  In Good Standing           Licensed:  15 Years

Stephen James West

Real Estate, Bankruptcy, Corporate, Family Law
Status:  In Good Standing           Licensed:  49 Years

Richard Laukitis

Commercial Real Estate, Real Estate, Estate, Transactions
Status:  In Good Standing           Licensed:  49 Years

Richard V. Laukitis

Commercial Real Estate, Real Estate, Estate, Transactions
Status:  In Good Standing           Licensed:  49 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

ARBITRATION

A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of ev... (more...)
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in 'hi-lo arbitration' the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

DEED IN LIEU (OF FORECLOSURE)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

LEASE

An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an ... (more...)
An oral or written agreement (a contract) between two people concerning the use by one of the property of the other. A person can lease real estate (such as an apartment or business property) or personal property (such as a car or a boat). A lease should cover basic issues such as when the lease will begin and end, the rent or other costs, how payments should be made, and any restrictions on the use of the property. The property owner is often called the 'lessor,' and the person using the property is called the 'lessee.'

DOMINANT TENEMENT

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

QUIET ENJOYMENT

The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and r... (more...)
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a 'covenant of quiet enjoyment,' expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.

FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.

SAMPLE LEGAL CASES

Bayview Loan Servicing, LLC v. Nelson

... court: In this mortgage foreclosure action, the circuit court of White County entered a summary judgment in favor of the plaintiff, Bayview Loan Servicing, LLC (Bayview), and against the defendant, Jeffrey Eden Nelson (Nelson). ...

Household Bank, FSB v. Lewis

... The issue in this case is whether the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq. ... [1] Household responded by initiating foreclosure proceedings under the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq. (West 2004)). ...

ABN AMRO MORTG. GROUP, INC. v. McGahan

... The question at issue here is whether a mortgagee must name a personal representative for a deceased mortgagor in a mortgage foreclosure proceeding in order for the circuit court to acquire subject matter jurisdiction. For the reasons that follow, we conclude that it must. ...