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Gary Newland

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Investments in real estate can be very lucrative. However, there are a variety of concerns that will need to be addressed when purchasing real property. If a buyer will be assuming ownership of property that tenants currently occupy, they will need to be prepared to assume existing leases and understand any other contracts that are in place. Those who are planning to embark on a real estate development project will need to ensure that they have the proper construction permits and are in compliance with all applicable laws and regulations. To ensure that all of these issues will be addressed…
Continue Reading Due Diligence That Must Done in a Real Estate Transaction

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Since the onset of the COVID-19 pandemic in 2020, businesses in Illinois and throughout the United States have encountered financial difficulties. As the country is beginning to return to normalcy, some businesses have been able to resume their regular activities and continue operating successfully. However, many businesses are still struggling as they determine how to respond to the loss of revenue that occurred due to the pandemic. These issues have affected many commercial leases, and both landlords and tenants may need to determine how to address situations where a business has been unable to pay rent on a short-term…
Continue Reading Commercial Lease Modifications for Tenants Affected by COVID-19

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They say that to start up a business, you should plan to have at least five years of savings to support your business without profiting by a single dime, and if you can make it past the five years, your business has a higher potential for long-term success. The truth is, any company can experience financial turmoil at any point, be it two days or two centuries into service. The industry for which your company operates may fluctuate, or an unforeseen public catastrophe may drive business away. At what point do you decide to file for bankruptcy?
Small Business…
Continue Reading Is Bankruptcy Right for My Small Business?

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If you are struggling to make your mortgage payments, the threat of losing your home can be a terrifying thought. Once a mortgage is in default, the lender can sue to have the right to sell the property in what is known as a foreclosure sale. In 2021, lenders initiated more than 92,000 foreclosures—the lowest number in many years. In fact, 2009 saw more than 2 million foreclosures initiated by lenders looking to resolve defaulted mortgages. If you are facing the potential foreclosure of your home, you should be sure to understand the procedures that will be followed and the…
Continue Reading Understanding How Foreclosure Works in Illinois

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Consider the following scenario: “About nine months ago, my wife and I sold our house in Aurora and moved to Mesa, Arizona. We were just beginning to settle in when we were blindsided by a letter from a lawyer. She wants us to pay the new owners $20,000 to compensate them for some foundation work they had done. What are our options?”
In this situation, the lawyer appears to be threatening to take action under the Illinois Residential Real Property Disclosure Act (RRPDA). When real property is sold or transferred, the current owners must disclose any structural problems or related…
Continue Reading Can a Buyer Sue After the House Is Sold?

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Financial trouble can happen to any business of any size at any time. Unfortunately, knowing this does not make the process easier or less devastating. What can make it easier is knowing what to expect and where to find assistance. The following can help you with both aspects of small business bankruptcy and may even provide you with hope for an alternative solution.
Deciding Whether You Should File
When your business has overextended itself, fallen short of income projections, or otherwise taken a major financial hit and the debts begin piling up, bankruptcy might seem like the only option. Thankfully,…
Continue Reading Bankruptcy Basics for Small Businesses

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If you are currently on the hunt for your next home—and possibly your forever home—you are not alone. Since roughly the beginning of the COVID-19 health crisis, home prices have been on the rise, and the market has been historically hot. Experts expect the market to come back closer to normal over the next year or so, but there are no indicators that prices are coming down anytime soon.
With this in mind, you need to make sure that you fully understand what you are getting into when you submit a bid on a new home. As excited as…
Continue Reading Can You Really Afford That New Home?

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When you file for protection under the United States Bankruptcy Code, you may be able to stop creditors and bill collectors from harassing you for payments that you cannot afford. Depending on the type of bankruptcy you are filing, you may also be able to get a substantial portion of your debt discharged.
Whether you file under Chapter 7, Chapter 11, or Chapter 13, bankruptcy proceedings can be complicated and time-consuming, and it may be tempting to take shortcuts. Doing so, however, is incredibly dangerous and could lead to even more serious problems than not being able to pay…
Continue Reading The Dangers of Being Dishonest in Your Bankruptcy Case

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If you have been paying any attention whatsoever to the real estate market, you probably realize that the last two years have been an uphill battle for homebuyers—and first-time homebuyers, in particular. At the very beginning of the COVID-19 health crisis in early 2020, the residential real estate market started somewhat sluggish, but it very quickly took off and has only gotten hotter since then. In late 2020 and through 2021, the housing market continued to sizzle, and existing-home sales hit their highest annual mark in 15 years, according to the National Association of Realtors (NAR).
The red-hot housing…
Continue Reading Experts Do Not Expect a Housing Market Slow Down in 2022

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According to information collected by local news outlets, the end of the eviction moratorium in Illinois did not trigger the “tsunami of evictions” in the city of Chicago and Cook County at large that many were expecting. The statewide ban on evictions was initiated in March 2020 following the stay-at-home orders issued by Governor J.B. Pritzker at the beginning of the COVID-19 health crisis. The moratorium was repeatedly extended by the governor until it ultimately came to an end on October 3, 2021.
A Look at the Numbers
The office of Cook County Chief Judge Tim Evans provided preliminary information…
Continue Reading Courts Did Not See Expected Spike in Evictions After End of Moratorium

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There are a wide variety of legal issues that can affect people who are involved in real estate transactions or who are looking to determine their options for receiving debt relief through bankruptcy. Understanding these issues can often be difficult, but our firm strives to provide people with helpful information by regularly publishing blogs that cover these topics. The following blogs were most popular with our readers in 2021:

  • What Happens When a Bankruptcy Case Is Dismissed? – This blog looks at reasons why a bankruptcy case may have ended, affecting a person’s ability to discharge their debts. The

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    Continue Reading Read Our Top 10 Blogs for 2021 About Bankruptcy and Real Estate Laws

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    Unfortunately, there are many cases where people may experience financial difficulties that make it impossible for them to continue owning a home. To make matters worse, economic downturns have caused many homes to lose value, and this means that a homeowner may be in a situation where they owe more money on their mortgage than their house is actually worth. If you are in this situation, you may be able to complete a short sale, which will allow you to sell your home and find new living arrangements that you can afford. By understanding whether doing so will provide…
    Continue Reading What You Need to Know About Selling Your Home Through a Short Sale

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    Whether you are happy in your current home or believe that it does not fully meet your family’s needs, the time may come when you will be ready to pick up your roots and move to another home in your city, a neighboring area, or somewhere else entirely. To be able to move, you will not only need to find a new home, but you will need to put your current home on the market and begin showing it to potential buyers. Since moving can be expensive, you will want to avoid unexpected expenses whenever possible. As you prepare to…
    Continue Reading Expenses You Need to Be Prepared for When Selling Your Home

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    Landlords need to be able to earn sufficient income through the property they own in order to make sure they are receiving the appropriate returns on their investments. To protect their financial interests, there are some cases where landlords may need to take action to evict tenants. While a moratorium on evictions was in effect for much of 2020 and 2021 due to the COVID-19 pandemic, this moratorium ended in October of 2021. While there are some cases where landlords may be able to help tenants apply for emergency rental assistance or negotiate lease modifications that will allow tenants to…
    Continue Reading What Is the Eviction Process for Residential Landlords in Illinois?

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    Homeowners who have encountered financial difficulties may be unable to make mortgage payments while also paying other debts and covering their ongoing expenses. If a person defaults on their mortgage by missing one or more payments, they may receive a notification from their lender stating that if they do not address this issue, the lender will begin foreclosure proceedings. In these situations, a homeowner will want to understand whether there are any options that may help them avoid losing their home. In some cases, bankruptcy may be used to address an impending foreclosure or put a halt to foreclosure proceedings…
    Continue Reading Can Filing for Bankruptcy Prevent a Home Foreclosure?

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    Originally published: July 19, 2019 — Updated: November 8, 2021
    UPDATE: A consent foreclosure, as described below, may be a beneficial way for a person to relinquish ownership of their home and avoid a deficiency judgment. However, homeowners who are considering a consent foreclosure should be sure to understand how this will affect their credit. The completion of a foreclosure will be included in a person’s credit report, which could affect their ability to secure a mortgage in the future. If this will be a concern, a homeowner may need to determine whether completing a short sale or using a…
    Continue Reading UPDATE: Understanding a Consent Foreclosure in Illinois