Cook 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 Oak Lawn real estate transaction lawyer is important to ensure that your interests are being protected.
At our Oak Lawn 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 Oak Lawn 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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Real Estate Attorney For Rental Property
What is the difference between a General Warranty Deed, Special (Limited) Warranty Deed, and Quit Claim Deed?
- General Warranty Deed. A general warranty deed guarantees the grantor’s good title before the conveyance, and that warranty continues after the conveyance. The usual guarantees or warranties by the seller are: good title, freedom from encumbrance other than as specifically identified, and right of possession to the buyer as against all others. The warranty includes any claims arising during or prior to the grantor’s ownership.
- Special (or Limited) Warranty Deed. A special warranty deed, sometimes referred to as a limited warranty deed (and some states may have a different name for this form of deed), provides less extensive warranties than the grantee receives from a general warranty deed. Under a special warranty deed, the grantor warrants only against claims arising during the period of the grantor ownership but does not warrant against any claims arising prior to the grantor’s ownership of the property.
- Quit Claim Deed. A quit claim deed contains no warranties of any kind and conveys only the interest, if any, held by the grantor (for example, if the grantor actually had no interest to convey, the quitclaim deed would not vest any ownership in the grantee). The quit-claim deed is not typically used for residential real estate purchase transactions.
- Sheriff’s Deed. A sheriff’s deed is a deed granted at the end of a mortgage foreclosure, in which the sheriff, under the order of the court in the foreclosure case, grants ownership of the property to the successful bidder at the sheriff’s sale. These deeds are quitclaim deeds and carry no warranty because the bidder at the sheriff’s sale takes title “subject to all legal encumbrances” including any flaws in the foreclosure procedure.
- Fiduciary Deed. A fiduciary deed is a deed granted by a trustee or other fiduciary (often a court-appointed individual or entity) who conveys title to property pursuant to that grantor’s authority under a trust agreement or as the result of a court-supervised proceeding.
Real Estate Transaction Lawyer For Closing
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 To Engage A Real Estate Transaction Lawyer
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.
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.
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.