Illinois Real Estate Law Blog

Thursday, August 26, 2010

New Rules for Lenders and Mortgage Brokers

Effective April 2011, the Federal Reserve Board will require mortgage brokers and lenders to adhere to new rules meant to protect consumers:

1. Lenders may only compensate mortgage brokers based on a fixed percentage of the loan amount. After April 2011, lenders cannot pay mortgage brokers based on the yield spread -- in other words, broker compensation cannot be based on the interest rate charged to the consumer. This is meant to discourage mortgage brokers from charging higher interest rates to their clients in exchange for greater compensation from lenders.

2. Homebuyers will have to be notified up front of any balloon payments due when the loan term expires.

3. If the loan is an adjustable rate loan, the lender must disclose what the buyer could end up owing after rate increases.

These new rules are meant to keep consumers from falling prey to unscrupulous lenders, and to give homebuyers more information about the loans they are signing up for. Since the rules do not kick in until April 2011, buyers should ask their lenders questions about these specific issues in the meantime.

Monday, August 16, 2010

Can you sue a contractor because you can't use your home?

Well, sure, you can sue for anything. The real question is can you win the lawsuit? What your chances are of winning will really depend on your individual case, and your attorney will be able to assist you in determining, overall, the merits of your lawsuit. Recent case law, however, can serve as a guideline in how you argue your case.

In Meyer v. Chicago Mechanical Services, Inc., (2010 Ill. App. LEXIS 203, 2nd District), the owner of a condominium hired the defendant to install an air conditioner in her unit. After mold accumulated in her unit, the condominium owner had to move out while repairs were made. The person living underneath her unit had to move out also. The two condominium owners sued the company that installed the air conditioner for damages based on the inconveniences associated with having to move out of their homes.

However, they lost the case -- not because the court felt that they had not suffered any inconvenience, but because of the way the plaintiffs framed their case. The court thought that the plaintiff's case should have focused on actual concrete damages, rather than on how sentimentally attached they were to their homes. For example, the court did not agree that the plaintiffs should get damages based on the fact that they did not get to sleep in their own beds.

In other words, the court was looking for something concrete, not something abstract. If you ever end up suing your contractor, make sure you keep that in mind!

Monday, August 9, 2010

Cook County Senior Homeowners Beware!

Up until now, in most situations, senior citizens who received a senior citizen's exemption on their real estate taxed continued to receive it annually. However, a new law signed last week changes that. Effective fall of 2011, the senior citizen's exemption in Cook County will not renew automatically. Rather, seniors age 65 and older will have to reapply on an annual basis.

How do you apply for the senior exemption? You should receive your application in the mail, which you will have to complete and send back to the Cook County Assessor along with copies of your driver's license and property tax bill. If, for some reason, you do not receive the form in the mail, you will have to contact the Cook County Assessor's office to request a copy of the form.

Approximately 280,000 seniors will be affected by this change. Last year, the savings received by seniors for the senior exemption ranged from approximately $150 to $850. If you are eligible for the senior exemption, make sure you remember to apply for it, or you could face higher tax bills in the years to come!

Monday, August 2, 2010

7% Cook County Homeowners' Exemption Extended!

Many Cook County homeowners were worried that they would lose the 7% real estate tax cap this year (it was set to expire). Fortunately, over the weekend the governor signed a bill extending the tax cap. Without this bill, Cook County homeowners would have faced larger real estate tax bills in the coming years.

The 7% cap allows homeowners to receive an increased exemption on their taxes, resulting in a lower tax bill overall. Because of the 7% cap, the assessed value of a home can be reduced by up to $20,000. Without the cap, the exemption could not be more than $6000.

Over the last few years, homeowners have come to expect this reduction. If you add these expectations to dropping real estate values and the current economy, a sudden increase in real estate taxes would certainly be unwelcome!