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.

 

what is a real estate lawyer

When Do I Need A Real Estate Lawyer?

real estate attorney

What Does A Real Estate Lawyer Do For The Seller?


At the Law Office, we are committed to providing solutions for individuals and businesses in all aspects of real estate and property law. You need an experienced real estate lawyer guiding you through the process to ensure your rights are fully protected.


Handling Residential & Commercial Real Estate Issues


Whether you are buying and selling real estate or need a skilled litigator to make sure your rights are protected, we can help you. We handle a wide variety of real estate law-related issues, including:



  • Purchase Agreements

  • Closing Representation

  • Title and Title Insurance

  • Easements

  • Boundary Disputes

  • Contracting

  • Construction & Mechanic’s Liens

  • Landlord Tenant Disputes

  • Evictions

  • Breach of Contract

  • Quiet Title Actions

  • Insurance Issues

  • Mortgage Foreclosures

  • Land contract forfeiture

  • Loan Modifications (Workouts)

  • Short Sales


When it comes to real estate, the needs of businesses can vary quite drastically from the needs of individuals. Our attorney knows how to assist everyone from a first time home buyer to real estate developers to businesses looking for legal counsel. No matter what you need help with, you can count on us.


From the most basic issues, such as commercial leases, to complex real estate litigation, our experience means we can provide you with the guidance you need.


Real Estate Litigation: Too Much is at Stake


Real estate transactions commonly deal with large sums of money and can often involve your most valuable asset. Disputes involving real estate can quickly become emotionally charged and complicated. Whether your issue is with a contractor, buyer, neighbor or realtor, our experienced attorney is ready to provide you with the sound legal counsel and skilled representation you need to put it behind you. If a courtroom battle becomes necessary, we will aggressively protect your interests.

Where Do Real Estate Lawyers Work?

real estate laws

What is the difference between a General Warranty Deed, Special (Limited) Warranty Deed, and Quit Claim Deed?



  1. 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.


  2. 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.


  3. 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.


  4. 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.


  5. 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 Lawyer Versus Agent

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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.