DuPage County, IL Spanish Speaking Attorneys

DuPage County, IL Spanish Speaking Hispanic Real Estate Transaction Attorneys

real estate transaction lawyer

Illinois real estate law comes with a long list of potential problems. Whether residential or commercial, buying, selling or leasing, new construction or renovation, real estate businesses can generate legal problems.

When problems arise, or you want to make sure they do not occur, talking to a real estate expert attorney from our Illinois office and other offices can be helpful.

Bienes Raíces Residenciales

In addition to providing representation during closing, we can prepare and negotiate contracts, review transaction documents, communicate with the other party’s Illinois property transaction attorney and help resolve issues at closing.

Bienes Raíces Comerciales

Commercial leases can involve considerable amounts of money, long terms and major obligations. We have experience in representing both landlords and tenants, and we can advise and assist in negotiating important lease terms such as security deposit, property improvements, sublease and lease, lease renewals and tax assignment , Insurance and maintenance costs.

 

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When To Hire Real Estate Transaction Lawyer

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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.


 

When Do I Need A Real Estate Lawyer?

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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.

What Do Real Estate Lawyers Major In?

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Escrow Issues


What is an escrow and an escrow agent? What does it mean to have funds or documents in escrow?


An escrow agent is typically a third party designated to hold an item (usually funds, but sometimes certain documents, such as a deed and/or mortgages) for a certain time or until the occurrence of a condition, at which time the escrow agent is to hand over the item to another party.  Typically the escrow agent will be the title company, and the funds and documents that they are holding include any deposits made under the contract to purchase the property, as well as the deed and the mortgage instruments.  In many home purchase contracts, the initial deposit or earnest money will be held by an escrow agent until the closing.  In some states, the entire closing happens through an escrow agent, with all funds and documents being collected and distributed in the manner required by specific and detailed written escrow instructions.






 


Zoning Issues


How does the buyer know how the land surrounding the property will be used?


Typically, the seller does not guarantee how the area surrounding the property will be used.  Some purchase agreements ask the seller to warrant what the seller knows about surrounding property uses that might interfere with the use of the home, but many do not.  If a buyer is concerned, he or she should contact the property appraiser or tax collector for the county in which the property is located and determine who owns the surrounding land, or speak to the zoning or planning department of your local municipality prior to purchasing the property to understand how surrounding uses may affect you.  The title commitment only discloses information about the property being purchased and does not attempt to inform the buyer about surrounding uses.  Sometimes a survey will identify the owners of any immediately adjacent parcels.  The purchaser needs to take responsibility for finding out what uses may affect him or her. The buyer can ask the neighboring property owners if they know of plans to develop land surrounding the property.  The buyer may also wish to talk with the building or zoning office of the local municipality to confirm the zoning of surrounding property so as to know what kinds of uses might be made in the future, although zoning can be changed.