Illinois Real Estate Law Blog

Monday, September 30, 2013

Hardest Hit Program Deadline is Today!

If you were planning on applying to the state's Hardest Hit Program for mortgage assistance, you'd better hurry up.  The deadline is today.

When the program started in 2011, eligible homeowners could qualify for up to $25,000 in assistance, although that number was increased to $35,000 earlier this year.  Nearly 15,000 people have applied, and almost 60% of those who applied received some assistance.  Nearly $122 million were paid out.  The good news is that most homeowners who qualified and received assistance continued to own their homes 6 months later.

Based on the information we have now, it appears the program was successful.  For more information and to see if you might qualify, click here.  If you do apply, act quick.  The deadline is today, September 30, 2013.

Sunday, September 29, 2013

Changes to Cook County Human Rights Ordiannce

Recently, the Cook County Human Rights Ordinance was modified to prevent landlords from discriminating against tenants using Section 8 or any other housing choice voucher income to pay their rent.  Effective August 8, 2013, a landlord can no longer turn down a prospective tenant solely on the basis that the rent will be paid through Section 8 income.

The new rule applies to all landlords -- whether they are leasing a house, a condo, a townhouse, a duplex or an apartment building.  The only landlords exempt from the provisions are those who are renting one or more rooms in a home that they themselves occupy. 

The ordinance applies everywhere in Cook County except where a local municipality has its own ordinance, in which case the local ordinance prevails.  If you are not sure what the rule is in your town, contact your local village hall or city hall for more information.

Friday, September 13, 2013

Energy Use Disclosure Required For Chicago Building Owners

Pursuant to a new law passed recently by the Chicago City Council, the owners of approximately 3,500 buildings in Chicago will be required to disclose how much energy they use.  The goal of this new ordinance is to increase energy efficiency.

The disclosures will then be compiled and scored, and the scores will be public information.  If a building's score is poor, they may have trouble finding tenants or buyers.  On the other hand, if the building scores well, it could be an added marketing benefit for that building's owners, perhaps helping to lure new tenants and buyers.

The new ordinance covers buildings 50,000 square feet and up.  If you have a commercial building greater than 250,000 square feet, the reporting requirement kicks in for you in June 2014.  If you have a commercial building that is between 50,000 and 250,000 square feet, you must start reporting in June 2015.  Residential buildings are subject to the new ordinance also, but they have an extra year to comply.

Wednesday, September 4, 2013

Failure to Show Up in Court Will Not Help You Defend Your Foreclosure Case

Surprise, surprise.  If you don't show up in court to defend your foreclosure, you can't claim the judge treated you unfairly later.  A recent appellate case, Deutsche Bank National Trust Co. v. Nichols, 2013 IL App (1st) 120350 (August 30, 3013) Cook Co., 6th Div., serves as a case in point.

In Deutsche Bank, the lender served notice of foreclosure upon the defendant in April 2011.  The defendant never responded, and in July 2011, the court entered the bank's motion for default judgment.

In mid-November, the defendant asked for leave to file an answer to the original complaint of foreclosure, but the court denied the defendant's request, since the defendant had been served 7 months ago and judgment of foreclosure had already been entered.  The defendant then filed a petition to substitute judges, and set it for January 26, 2012.  The bank filed a motion requesting the court to approve the sale of the property, and set it for January 25, 2012.

The defendant did not show up in court on either January 25 or 26, to contest the bank's motion or argue its own motion.  The court entered the order approving the sale, and the defendant appealed, on the grounds that the judge lacked the authority to enter the final judgment since the motion for substitution of judges was still pending.  After a great deal of analysis, the court pointed out that pursuant to existing law, the filing of a motion to substitute judges does not void any final order.  In order to void the final order, the defendant would have to show that the petition to substitute judges was improperly denied. 

In this case, the defendant never showed up to argue its motion for subsitution.  The motion was never ruled on at all. Therefore it certainly wasn't denied.  Bottom line, the court felt that a motion to substitute judges should not be used to delay a case.

What does this mean for you?  Well, if you're being foreclosed and you want to contest it, show up in court.  Do something about it now before it's too late!