Elliott Foreclosure Lawyer, Illinois, page 4
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Renee Louise Monfort
Other, Real Estate, Lawsuit & Dispute, Health Care
Status: In Good Standing Licensed: 34 Years
301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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Daniel Phil Wurl
Real Estate, Lawsuit & Dispute, Business, Accident & Injury
Status: In Good Standing Licensed: 43 Years
301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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Richard Paul Klaus
Commercial Real Estate, Employee Rights
Status: In Good Standing Licensed: 36 Years
301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™32/100
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Guy Charles Hall
Real Estate, Employee Rights, Transactions, Business
Status: In Good Standing Licensed: 41 Years
301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™32/100
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301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™32/100
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301 N Neil St, Champaign, IL 61820
Profile LAWPOINTS™24/100
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Joseph Dwyer Murphy
Real Estate, Trademark, Intellectual Property, Industry Specialties
Status: In Good Standing
306 W Church St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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402 W Church St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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Michael Tague
Business & Trade, Estate Planning, Insurance, Land Use & Zoning
Status: In Good Standing
402 W Church St, Champaign, IL 61820
Profile LAWPOINTS™34/100
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LEGAL TERMS
UNJUST ENRICHMENT
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return ... (more...)
A legal doctrine stating that if a person receives money or other property through no effort of his own, at the expense of another, the recipient should return the property to the rightful owner, even if the property was not obtained illegally. Most courts will order that the property be returned if the party who has suffered the loss brings a lawsuit.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
ESTOPPEL
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equit... (more...)
(1) A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. equitable estoppelA type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position. For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent. Also known as estoppel in pais.estoppel by deedA type of estoppel that prevents a person from denying the truth of anything that he or she stated in a deed, especially regarding who has valid ownership of the property. For example, someone who grants a deed to real estate before he actually owns the property can't later go back and undo the sale for that reason if, say, the new owner strikes oil in the backyard.estoppel by silenceA type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage. For example, Edwards' Roofing Company has the wrong address and begins ripping the roof from Betty's house by mistake. If Betty sees this but remains silent, she cannot wait until the new roof is installed and then refuse to pay, asserting that the work was done without her agreement.estoppel in paisSee equitable estoppel.promissory estoppelA type of estoppel that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if the promise is broken. For example, Forrest tells Antonio to go ahead and buy a boat without a motor, because he will sell Antonio an old boat motor at a very reasonable price. If Antonio relies on Forrest's promise and buys the motorless boat, Forrest cannot then deny his promise to sell John the motor at the agreed-upon price.(2) A legal doctrine that prevents the relitigation of facts or issues that were previously resolved in court. For example, Alvin loses control of his car and accidentally sideswipes several parked cars. When the first car owner sues Alvin for damages, the court determines that Alvin was legally drunk at the time of the accident. Alvin will not be able to deny this fact in subsequent lawsuits against him. This type of estoppel is most commonly called collateral estoppel.
DEMURRER
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.
ESTATE
Generally, all the property you own when you die.
SECURITY DEPOSIT
A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or le... (more...)
A payment required by a landlord to ensure that a tenant pays rent on time and keeps the rental unit in good condition. If the tenant damages the property or leaves owing rent, the landlord can use the security deposit to cover what the tenant owes.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
CONTRACT
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts tha... (more...)
A legally binding agreement involving two or more people or businesses (called parties) that sets forth what the parties will or will not do. Most contracts that can be carried out within one year can be either oral or written. Major exceptions include contracts involving the ownership of real estate and commercial contracts for goods worth $500 or more, which must be in writing to be enforceable. (See statute of frauds.) A contract is formed when competent parties -- usually adults of sound mind or business entities -- mutually agree to provide each other some benefit (called consideration), such as a promise to pay money in exchange for a promise to deliver specified goods or services or the actual delivery of those goods and services. A contract normally requires one party to make a reasonably detailed offer to do something -- including, typically, the price, time for performance and other essential terms and conditions -- and the other to accept without significant change. For example, if I offer to sell you ten roses for $5 to be delivered next Thursday and you say 'It's a deal,' we've made a valid contract. On the other hand, if one party fails to offer something of benefit to the other, there is no contract. For example, if Maria promises to fix Josh's car, there is no contract unless Josh promises something in return for Maria's services.
FUTURE INTEREST
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian,... (more...)
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian, but only after the death of his wife, Hillary. Marian has a future interest in the house.
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. ...
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