DuPage County, IL real estate law is a very complex area that not all lawyers know about. Whether you are buying a home or trying to sell a land, or simply need to solve a problem of proximity, the assistance of an experienced Darien real estate transaction lawyer is important to ensure that your interests are being protected.
At our Darien offices we offer you a comprehensive Spanish speaking representation in real estate law. With more than 30 years of experience and practical and innovative solutions, we have successfully represented thousands of clients throughout Illinois.
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When you hire our Hispanic real estate attorneys in Darien IL, we do extensive analysis of your situation. Work together with you to know and understand your concerns so that we can present the options and / or alternatives available to you, always taking into account that our route is to obtain a positive result for you.
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What is the difference between a mortgage and a deed of trust?
A mortgage is a document that encumbers real property as security for the payment of a debt or other obligation. The term "mortgage" refers to the document that creates the lien on real estate and is recorded in the local office of deed records to provide notice of the lien secured by the creditor. The creditor or lender, also called either mortgagee (in a mortgage) or beneficiary (in a deed of trust), is the owner of the debt or other obligation secured by the mortgage. The debtor or borrower, also called the mortgagor (in a mortgage) or obligor (in a deed of trust), is the person or entity who owes the debt or other obligation secured by the mortgage and owns the real property which is the subject of the loan.
In almost all cases, the law of the state in which the property is located dictates whether a mortgage or deed of trust can be used. Although a deed of trust securing real property under a debt serves the same purpose and performs the same function as a mortgage, there are technical and substantive differences between the two. A deed of trust is executed by the debtor and property owner, to a disinterested third person identified as a trustee, who holds the ownership of the property in trust for the creditor; whereas, when a mortgage is used, title to the collateral remains in the debtor, and the mortgage creates a lien on the real estate in favor of the creditor. In some jurisdictions, the deed of trust enables the trustee to obtain possession of the real property without a foreclosure and sale, while others treat a deed of trust just like a mortgage. In the latter jurisdictions, the deed of trust is governed by the law applicable to mortgages. The deed of trust requires the trustee to reconvey the property back to the debtor when the debt has been paid in full. Assignment of the creditor’s interest does not result in a change of trustee; instead, only the note or other evidence of debt is transferred and the new owner of the loan acquires the prior lender’s beneficial interest in the trust.
What is commercial financing in general?
Financing a property is the standard method by which individuals and businesses can purchase residential and commercial real estate without the need to pay the full price in cash up front from their own accounts at the time of the purchase. Financing for non-residential real estate is generally obtained from a bank, insurance company or other institutional lender to provide funds for the acquisition, development, and operation of a commercial real estate venture. Commercial financing loans are secured primarily by real estate and related assets owned by the debtor. Assets used to collateralize commercial finance loans, aside from the real estate, may include fixtures, equipment, bank and/or trade accounts, receivables, inventory, general intangibles, and supplies. Documents evidencing and securing the loan typically include: loan agreements, promissory notes, mortgages or deeds of trust, assignments of rents and leases, financing statements, environmental indemnity agreements, guaranties, subordination, non-disturbance and attornment agreements, estoppel certificates, and other ancillary documents.
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Handling all Legal Issues Throughout Your Real Estate Transaction
We are devoted to making every commercial real estate transaction a success for property investors. Our focus is on handling all issues related to your real estate transaction, from purchase agreements to property developments to financing workouts. Our attorneys will work closely with you to develop a creative and effective strategy to not only protect your short-term goals, but also to make sure that those goals are aimed at maximizing your long-term success.
Strong Real Estate Legal Representation Throughout Illinois
Since 1979, the law firm has provided strong representation to businesses in Chicago and the surrounding parts Illinois and throughout the United States. We represent respected companies seeking new sites, real estate developers, real estate owners and lenders, as well as real estate operators and managers.
We handle all commercial real estate matters, from the purchase of small owner-occupied industrial buildings to the development of sophisticated multitenant office parks. Our attorneys have dealt with mobile home park communities, apartment complexes, shopping malls, condominiums, retail stores and much more.
Our team can represent you throughout all phases of a commercial real estate transaction, including, but limited to:
- Negotiation and preparation of sale/purchase agreements (buy/sell agreements)
- Financing and refinancing
- Syndication/raising equity capital
- Land use planning and development
- Closing documentation
- Title issues
- Lender workouts
We can also help with construction disputes and environmental law matters, such as wetlands regulatory issues involving the Illinois Department of Environmental Quality or the United States Army Corps of Engineers. We understand the amount of time and money invested in your real estate transaction. Our lawyers will work to maximize the success of your business and real estate investment.
What Are Typical Real Estate Transaction Lawyer Fees
With one of the largest collections of practitioners in the Midwest, together with added depth from lawyers in our coast-to-coast network of offices, Our Real Estate practice is consistently recognized as one of the nation’s leading practices. We regularly garner high rankings from Chambers USA.
Our experienced real estate team fully understands the often complex and competing interests in real estate transactions and disputes. Clients benefit not only from our business-minded approach to handling these matters, but also from efficient and cost-effective representation. From planning to execution, our real estate practitioners apply new ideas and forward thinking techniques to solve the most sophisticated client issues. We carefully consider appropriate staffing in each matter—both by specialty and level of experience—to bring a diverse perspective to every engagement. We also leverage the experience and insight of our colleagues who practice in other areas, such as in corporate, tax, construction, environmental and employment law, in a way that enhances efficiency while keeping our clients’ objectives in mind.
Our real estate lawyers provide personalized service and practical advice to a broad client roster—including owners, lenders, developers, corporate users, tenants, receivers, investors, local government agencies, contractors, architects and property managers—both corporate and private, both large and small. For these and other clients, our representation covers, in depth, all aspects of real estate law, including without limitation, the following highlighted areas: affordable housing and community development; development; land use and zoning; leasing and property management; finance; tax incentives and economic development; workouts and water rights.
Real Estate Litigation and Transactions
Commercial property owners, landlords, residential property investors, homeowner associations, individuals and other parties throughout the Chicago area rely on us for quality advice and representation.
When disputes arise concerning title issues, breach of contract, commercial leases or other matters, we respond with vigorous representation. We seek to achieve our clients' goals in a timely, efficient and cost-effective manner, while protecting their rights and interests. In addition, we facilitate property transactions of all types and provide services to help our clients maximize the value of their holdings.
Estate Planning, Probate and Estate Litigation
Our firm provides comprehensive services in the areas of estate planning, elder law and probate administration. We work hard to help our clients gain peace of mind, provide for their families, and protect their assets.
We provide results-oriented representation in matters involving will contests, trust disputes, probate disputes, contested guardianships and conservatorships, and breach of fiduciary duty. With years of experience handling complex estate litigation cases, we have the investigative resources and advocacy skills you need.
El derecho de bienes raices es una area muy compleja que no todos los abogados conocen. Ya sea porque usted esta comprando una casa o tratando de vender un terreno, o simplemente necesita resolver un problema de colindancias, la asistencia de un abogado experimentado es importante para asegurar que sus intereses estan siendo protegidos.