Westchester Foreclosure Lawyer, Illinois

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Kathryn C. Whitacre Lawyer

Kathryn C. Whitacre

Real Estate, Business, Divorce & Family Law, Estate, Foreclosure

Kathryn C. Whitacre is a founding partner of Whitacre & Stefanczuk LTD in Oak Brook, IL. She practices in the areas of family law, real estate, and bu... (more)

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Ross M. Zambon

Foreclosure, Real Estate, Litigation, Bankruptcy
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LEGAL TERMS

NOVATION

The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.

PROPERTY

See personal property, real estate, community property, separate property.

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

MONTH-TO-MONTH TENANCY

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper am... (more...)
A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.

SEVERANCE PAY

Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severanc... (more...)
Funds, usually amounting to one or two months' salary, frequently offered by employers to workers who are laid off. No law compels employers to provide severance pay, although the employer may be legally obligated to do so if it was promised in a contract or employees' handbook.

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.

EXECUTRIX

An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'

OFFER

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.

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. ...