People are always asking me about other areas of the law, and car troubles and their legal ramifications have come up more than once! Sergei Lemberg, an attorney specializing in lemon laws, is guest blogging today. I hope you find his article about lemon laws in Illinois informative!
If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.
But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? Well, Illinois lemon law can help.
Every state has a lemon law, but that each of them is different. Under Illinois’ lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought a new passenger vehicle, SUV, van, or truck, with a gross vehicle weight rating of less than 8,000 pounds you’re covered – if the vehicle is used for personal (as opposed to business) purposes. If you’ve bought a used car during the new car warranty period, you’re covered. If you’ve bought a new motor home, you’re covered. And, if you’ve purchased, leased, or licensed your new vehicle in Illinois – yep, you’re covered.
Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. The other catch is that the defects have to occur during the first year from the delivery date or the first 12,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in four times for the same problem or been out of service for 30 business days. Plus, the manufacturer has to have the opportunity to repair the vehicle one last time.
It’s important to remember that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. Because Illinois state law says that, if you pursue remedies under the lemon law, you give up your rights under the Uniform Commercial Code, it’s really important to consult an attorney about which is the best option for you. With the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.
Monday, October 27, 2008
Monday, October 20, 2008
Foreclosed Cook County Homeowner Alert: Foreclosure Evictions to Start Again
On October 9, 2008, the Cook County Sheriff's Department announced it was suspending evictions of all foreclosed homes within county limits. The sheriff's primary concern was for tenants in foreclosed properties, not property owners. Tenants in properties facing foreclosure were not receiving notice of the potential or actual foreclosure from the banks as required by law. With neither the banks nor landlords notifying them, many tenants knew nothing about having to vacate their homes until the sheriff's office came knocking on their doors.
Last week the court promised to enforce the rules requiring banks to provide a four month grace period before forcing tenants to move out. Additionally, banks will have to notify the court of all tenants residing at the property, and prove that they gave each tenant notice of the foreclosure. While adhering to these rules will prolong the foreclosure process for properties inhabited by tenants, tenants will be protected and receive time to find an alternate place to live.
The Cook County Sheriff is satisfied that these new rules will help tenants, and is therefore lifting the ban on foreclosure-related evictions effective today, October 20, 2008.
Last week the court promised to enforce the rules requiring banks to provide a four month grace period before forcing tenants to move out. Additionally, banks will have to notify the court of all tenants residing at the property, and prove that they gave each tenant notice of the foreclosure. While adhering to these rules will prolong the foreclosure process for properties inhabited by tenants, tenants will be protected and receive time to find an alternate place to live.
The Cook County Sheriff is satisfied that these new rules will help tenants, and is therefore lifting the ban on foreclosure-related evictions effective today, October 20, 2008.
Friday, October 10, 2008
Cook County Sheriff Suspending Foreclosure Evictions
More good news for distressed Cook County homeowners: The Cook County Sheriff's Department announced this week that they are suspending service of evictions notices on people who are being foreclosed, as well as renters in buildings that are being foreclosed because the landlord has been unable to make mortgage payments.
Particularly with respect to renters, the Cook County Sheriff is requesting that banks give tenants notice of the foreclosure and time to leave voluntarily if the landlord has not paid the mortgage; while landlords routinely get such notices from their banks, they usually do not share them with tenants. As a result, tenants often know nothing about having to vacate the property until the sheriff shows up at their door.
The Cook County Sheriff's Department has chosen to take this course of action despite the fact that it violates numerous foreclosure decrees issues by Cook County courts. It is yet to be determined if the sheriff's office will continue to suspend foreclosure-related evictions, or if they will be held in contempt of court. In the meantime, distressed Cook County homeowners who have been foreclosed can stay in their homes!
Particularly with respect to renters, the Cook County Sheriff is requesting that banks give tenants notice of the foreclosure and time to leave voluntarily if the landlord has not paid the mortgage; while landlords routinely get such notices from their banks, they usually do not share them with tenants. As a result, tenants often know nothing about having to vacate the property until the sheriff shows up at their door.
The Cook County Sheriff's Department has chosen to take this course of action despite the fact that it violates numerous foreclosure decrees issues by Cook County courts. It is yet to be determined if the sheriff's office will continue to suspend foreclosure-related evictions, or if they will be held in contempt of court. In the meantime, distressed Cook County homeowners who have been foreclosed can stay in their homes!
Wednesday, October 8, 2008
Good news for distressed Illinois homeowners with Countrywide mortgage loans!
Finally, some good news for the thousands of people who are being foreclosed and losing their homes: Countrywide (now part of Bank of America) recently entered into an $8.4 billion settlement with 11 states, including Illinois. Illinois' share of this settlement amounts to $190 million, and these funds will be used to assist approximately 21,000 distressed Illinois homeowners who obtained loans from Countrywide Mortgage prior to December 31, 2007.
Specifically, these homeowners can expect to have their interest rates reduced; in some cases, even the principal of the loan may be reduced. The goal is to make their monthly payments more affordable, ideally 32% or less of a family's income. Additionally late fees, loan modification fees, and prepayment penalties will be waived. Certain families that already lost their homes as a result of foreclosure proceedings shall receive cash payments. Countrywide/Bank of America will also suspend ongoing foreclosure proceedings for those homeowners who qualify for assistance as a result of the settlement.
To see if you qualify, call the bank at 800-669-6607; make sure you have all of your loan information handy when you call. You can also call the hotline set up by the attorney general's office, at 866-544-7151.
Specifically, these homeowners can expect to have their interest rates reduced; in some cases, even the principal of the loan may be reduced. The goal is to make their monthly payments more affordable, ideally 32% or less of a family's income. Additionally late fees, loan modification fees, and prepayment penalties will be waived. Certain families that already lost their homes as a result of foreclosure proceedings shall receive cash payments. Countrywide/Bank of America will also suspend ongoing foreclosure proceedings for those homeowners who qualify for assistance as a result of the settlement.
To see if you qualify, call the bank at 800-669-6607; make sure you have all of your loan information handy when you call. You can also call the hotline set up by the attorney general's office, at 866-544-7151.
Thursday, October 2, 2008
Tenant Troubles: How to Get Rid of Bad Residential Tenants
I have quite a few clients who own residential investment property, such as condominiums or townhomes or even single family homes that they rent out. On occasion, I get a phone call from a client who has a "bad" tenant -- in other words, a tenant who is not paying rent or is breaking the lease in some other way. What should you do if you are a landlord and this happens to you? Well, you should start simple and hope that you can resolve the problem without having to file an eviction.
So how do you start simple? I always recommend that you call or visit your tenant and try to talk the issue through -- give them a day or two to fix the problem. Sometimes that's the easiest way to resolve the matter.
If that doesn't work, you need to hone in on your specific problem so you can provide the appropriate notice pursuant to Illinois law:
1. The tenant is not paying rent. If your tenant is not paying rent, you need to provide a Five Day Notice. A Five Day Notice should clearly state "Landlord's Five Day Notice" at the top. It should go on to detail the name of the landlord and the tenant, the address of the rental property, and the amount of rent outstanding. The notice should clearly state that the in the event rent is not paid within five days, the lease will be terminated. The following language should also be written into the Five Day Notice: Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.
Contact your attorney to make sure the Five Day Notice is prepared and served properly; in case you end up having to formally evict the tenant through court proceedings, it will be necessary to show proper notice. If the tenant does not pay up within five days of receiving the Five Day Notice, you may file an eviction under the relevant forcible entry and detainer statute.
2. What happens when your tenant is paying rent, but is violating the lease in some other way? In this case, you need to provide a Ten Day Notice to the tenant. The notice should be clearly labeled "Ten Day Notice". Again, the landlord, tenant, and rental property should be identified. The notice much clearly state how the tenant is in violation of the lease, and should further state that if the tenant does not conform to the lease within ten days, the lease will be terminated. Again, you should contact your attorney to make sure your Ten Day Notice is prepared and served properly. If the tenant does not rectify the situation within ten days, you may commence eviction proceedings.
So how do you start simple? I always recommend that you call or visit your tenant and try to talk the issue through -- give them a day or two to fix the problem. Sometimes that's the easiest way to resolve the matter.
If that doesn't work, you need to hone in on your specific problem so you can provide the appropriate notice pursuant to Illinois law:
1. The tenant is not paying rent. If your tenant is not paying rent, you need to provide a Five Day Notice. A Five Day Notice should clearly state "Landlord's Five Day Notice" at the top. It should go on to detail the name of the landlord and the tenant, the address of the rental property, and the amount of rent outstanding. The notice should clearly state that the in the event rent is not paid within five days, the lease will be terminated. The following language should also be written into the Five Day Notice: Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.
Contact your attorney to make sure the Five Day Notice is prepared and served properly; in case you end up having to formally evict the tenant through court proceedings, it will be necessary to show proper notice. If the tenant does not pay up within five days of receiving the Five Day Notice, you may file an eviction under the relevant forcible entry and detainer statute.
2. What happens when your tenant is paying rent, but is violating the lease in some other way? In this case, you need to provide a Ten Day Notice to the tenant. The notice should be clearly labeled "Ten Day Notice". Again, the landlord, tenant, and rental property should be identified. The notice much clearly state how the tenant is in violation of the lease, and should further state that if the tenant does not conform to the lease within ten days, the lease will be terminated. Again, you should contact your attorney to make sure your Ten Day Notice is prepared and served properly. If the tenant does not rectify the situation within ten days, you may commence eviction proceedings.
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