You have recently commissioned the construction or remodeling of a home or business. Nearing the end of the work something goes wrong and it results in a lack of payment to your contractors. Perhaps something was not made to spec and you need it done right before final payment. Perhaps you have paid in full, but your contractor is asking for more than you agreed to.
As a result of this payment dispute, your contractor filed a mechanics lien against your property. What does it mean, and what should you do about it? That is what we’re here to answer
Continue Reading My Contractor Filed a Mechanics Lien. What Should I Do?
Pros and Cons of Buying a “For Sale By Owner” Home
The current real estate market is making it harder to find the perfect new home than most people are expecting. Let’s assume, however, that you found the right house, and you are ready to make an offer, but your real estate agent tells you that the home is an FSBO. You might recognize that abbreviation to mean “for sale by owner,” but do you understand the effects that a sale by the owner can have on your homebuying experience? Selling an FSBO property can be tricky, but so can buying one. Here are a few things you should know
Continue Reading Pros and Cons of Buying a “For Sale By Owner” Home
Fair Debt Collection Practices Act (FDCPA) and Debt Collection in Illinois
Can a Debt Collector do that?
Despite what some may believe, debt collectors do not have full reign when attempting to secure payments for defaulted accounts. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party collectors from verbally harassing and using other tactics meant to pressure the debtor into making agreements that he may not be able to keep.
The best way to ensure fair treatment as a debtor is to hire an attorney.
What exactly is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the powers of third-party debt collectors. This
Continue Reading Fair Debt Collection Practices Act (FDCPA) and Debt Collection in Illinois
The Divorce Mediation Process in Illinois
A 2018 report by the United States Census Bureau revealed that about 6.6% of marriages in Illinois end in divorce. Notably, only a fraction of divorces in Illinois are resolved via litigation in a formal court trial. Most divorces are resolved and finalized via mediation. Here is a comprehensive overview of how the divorce mediation process in Illinois works, what to expect, and how to prepare.
The Mediation Process in Illinois – What to Expect
Divorce mediation involves consulting a trained and certified mediator to help you resolve contentious issues regarding your divorce. Mediators adopt a neutral position throughout
Continue Reading The Divorce Mediation Process in Illinois
Litigation: How Long Does It Take To Litigate a Case?
One of the most common questions that lawyers get from clients is ‘how long will the litigation process take?’ This is an important question when it comes to planning because it helps you budget for your finances, especially on how you will pay your attorney.
However, there is no specific timeframe for litigation cases because each case is unique. Your attorney should review your case and give you an approximate time for the case.
What Is Litigation?
Let’s first start by defining litigation. Litigation is the process of taking a dispute to a law court. It is a practical
Continue Reading Litigation: How Long Does It Take To Litigate a Case?
Northern District of Illinois: Personal Liability Against Construction Company CEO and President for Breach of Contract and Fraud
A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its design-builder. What is particularly striking about the judgment in NHC LLC v. Centaur…
Continue Reading Northern District of Illinois: Personal Liability Against Construction Company CEO and President for Breach of Contract and Fraud
Illinois Parenting Course in Child Custody Cases: Everything You Need to Know
If you’re involved in a divorce case in Lake County, Illinois, you may be concerned about the potential impact your divorce might have on your children. The state of Illinois requires divorcing parents to attend the Illinois Parenting Course (IPC) prior to finalizing their divorce case and receiving their final order of child custody and parenting time.
The goal of the parenting program is to build about co-parenting, post-separation, and the best ways to care for children. The classes offered in Lake County will not be that different from the others- they are all based on the same essential goals.
Continue Reading Illinois Parenting Course in Child Custody Cases: Everything You Need to Know
4 Dos and Don'ts If You Are Behind on Your Mortgage and Facing Foreclosure
While the specifics of mortgage loans—and the associated paperwork—can be quite complicated, one thing is easy to understand: If you do not make your scheduled payments, your lender will eventually file a foreclosure action and take back your home. Just to be clear, foreclosure is the legal process that a lender uses to take possession of a property from a borrower who did not keep up with their obligations as specified in the mortgage loan agreement. Other things could cause a lender to initiate foreclosure, but the vast majority of foreclosures stem from borrowers defaulting on their payments.
The process
Continue Reading 4 Dos and Don'ts If You Are Behind on Your Mortgage and Facing Foreclosure
Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023
During the 2022 legislative session, the Virginia General Assembly passed Senate Bill 550 (“SB 550”), which Virginia Governor Youngkin signed into law. SB 550 amends a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute, prohibiting “pay-if-paid” clauses in…
Continue Reading Virginia Invalidates "Pay-If-Paid" Clauses Starting January 1, 2023
Due Process is Critical to the Violation Process
Consistent with prior rulings, Illinois courts have shown a fondness to expand a condominium board’s duties in ensuring “due process” in violation hearings. In Board of Directors of Winnitt Park Condominium Association v. Bourdage, the court refused to uphold a fine imposed at a violation hearing that was held at a time when the board knew the accused unit owner was unavailable. The condominium board issued a notice of violation to a unit owner and, after the owner requested a hearing, the board provided two alternative hearing dates. In response, the unit owner asserted that her business was open until
Continue Reading Due Process is Critical to the Violation Process
What Estate Planning Documents are Needed Once My Child Turns 18?
POWER OF ATTORNEY DOCUMENTS – COLLEGE KIDS
When most people think of estate plan documents, they think that is something that you do when you are older, have a family, have a house, etc. However, that is absolutely not the case!
While people under the age of 18 automatically have their parents in charge of their healthcare and property decisions when something happens to them, once they turn 18 that designation no longer exists. In particular, when a person goes away to college, they may be far away from home and may be involved in situations that increase the
Continue Reading What Estate Planning Documents are Needed Once My Child Turns 18?
Could Bankruptcy Help Your Small Business Get Back on Track?
Despite its increased use and benefits, there are still misconceptions about bankruptcy. This is perhaps most damaging when it comes to filing for bankruptcy as a small business. Owners may fear it will damage their credit, or that they will ultimately face closure if they file, so they continue to trudge through debt, possibly putting the future of their company at risk. If you are a small business owner in serious debt and considering bankruptcy, the following can help you understand the misconceptions about bankruptcy and assist you in deciding if it might be the right option for your
Continue Reading Could Bankruptcy Help Your Small Business Get Back on Track?
Could Defaulting on a Second Mortgage Lead to Foreclosure?
Since the housing bubble burst over a decade ago, the thought of foreclosure has become a near-constant concern for homeowners across the country. Those dealing with financial struggles may be worried that late or missed mortgage payments will lead to them losing their homes. For those who have refinanced or obtained a second mortgage on their homes, things are often uncertain, especially as it pertains to what happens if they default on a second or additional mortgage. If you are in such a situation, a qualified foreclosure defense lawyer can help you understand your available options.
What You Should Know
Continue Reading Could Defaulting on a Second Mortgage Lead to Foreclosure?
Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause
Earlier this year, the Second District Court of Appeal of Florida held that a “no damages for delay” clause “will not be enforced in the face of governmental fraud, bad faith, or active interference with performance under the contract.” Sarasota County, Fla. v. Southern Underground Industries, Inc…
Continue Reading Florida Court of Appeals Holds That County's "Active Interference" Overrides "No Damages for Delay" Clause
Filing for Bankruptcy Will Pause Foreclosure Proceedings
If you are significantly behind on your mortgage payments, you probably have some options available to you through your lender. Your lender might be willing to work with you by modifying your loan or setting up a plan through which you can get caught up on your payments. This all sounds good, but what happens if your mortgage is not the only obligation you are behind on? Many people who are delinquent on their house payments are also struggling with other types of debt too.
In some cases, the debt issues are so problematic that foreclosure becomes an imminent possibility.
Continue Reading Filing for Bankruptcy Will Pause Foreclosure Proceedings
Update On Residency Requirements To Serve On A Condo Board In Illinois
The Illinois legislature has amended the Illinois Condominium Property Act (the “Act”) and while not mandatory, it allows Boards of Directors to implement policies on how Boards can be composed. Pursuant to Section 18(a)(1) of the Act, the change now allows condominium boards to require that the majority of the condominium board be made up of unit owners who occupy their units as their primary residence. No Declaration may require that more than a majority of the Board members live on site.
While this may not be an option chosen by every Association or community, Associations should be cognizant of
Continue Reading Update On Residency Requirements To Serve On A Condo Board In Illinois