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 Schaumburg real estate transaction lawyer is important to ensure that your interests are being protected.
At our Schaumburg 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 Schaumburg 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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A Creative And Practical Approach To Commercial And Residential Real Estate Law
At the Chicago-area law firm of Sheehan & Associates, our real estate attorneys represent both commercial clients and individuals in all proceedings and transactions that deal with real property, both land and the structures attached to it. Our Illinois real estate lawyers handle a broad range of issues, including:
- Purchase and sale agreements
- Construction law and litigation
- Residential and commercial leases
- Business organizations
- Negotiation and preparation of contracts
- Negotiation and processing of mortgage documents
- Planning and zoning
- Real estate tax abatements and appeals
- Environmental compliance
- Housing code violations
- Eminent domain
- Seeking Efficient Resolutions In Real Estate Litigation
Real estate disputes have the potential to drag on for great lengths of time, costing individuals and companies large sums of money. Our Illinois real estate attorneys know how to develop creative solutions to problems, with the goal of resolving disputes before they get out of hand. Staying out of court is usually more cost-effective and better for all concerned. However, there are some cases that must be put before a judge. Our team's strong trial skills are an asset to our clients in real estate litigation over:
- Fraud, nondisclosure and breach of contract
- Boundary disputes, easements and adverse possession
- Commercial and residential landlord-tenant disputes
- Title disputes and quiet title actions
When Do You Need A Real Estate Transaction Lawyer
Are you Looking for a Real Estate Attorney in Illinois?
Call today for your free attorney consultation
Real estate lawyers are a dime a dozen; a great real estate lawyer in Illinois is hard to come across. Real estate transactions can be complex and tricky, but they don’t have to be. Our skilled real estate attorneys are committed to serving the real estate needs of our clients with integrity and dedication.
Our real estate lawyers represents homeowners, small business owners, real estate developers, landlords, tenants, and other commercial clients with a variety of real estate issues.
Do you need a real estate lawyer? Call us today to schedule a free confidential consultation with a highly skilled Illinois real estate attorney. Or, contact us here. Our firm serves the entire Metro-Chicago area.
Experienced Illinois Real Estate Lawyers
Complex and intricate real estate transactions are becoming the norm in today’s real estate environment. Law’s real estate practice brings a wealth of knowledge to residents and businesses of Illinois.
Our real estate attorneys provide legal representation and advice regarding:
- Buying and selling commercial and residential real estate
- Drafting/Reviewing real estate contracts
- Lease/Purchase agreements
- Land use and zoning
Contact Our Law Firm today to discuss your real estate matters
If you are faced with a real estate legal issue and would like to learn more about your options, our real estate attorneys would be glad to meet with you. We will go over your options and answer any questions you may have during your free consultation.
Give us a call to schedule a free consultation. Our office is located in Troy.
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.