Claimed Lawyer ProfileQ&AGold
- Landlord Tenant
- Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- Supreme Court of Illinois
- U.S. District Court, Northern District of Illinois
- Law Office of James Kottaras
- - Current
- Schlyer & Associates
- Valparaiso University School of Law
- J.D. (1989)
- Indiana University - Indiana University-Bloomington
- B.A. (1986)
- Illinois State Bar
- Chicago Bar Association
- Licensed Real Estate Broker
- Illinois & Indiana
Websites & Blogs
- James Kottaras' Website Profile
- Law Office of James Kottaras Website
4 Questions Answered
- Q. i was in foreclosure 11 years age and the motion was withdrawn without prejudice. i am trying to sell the property
- A: You will need to have the title checked to see if the foreclosure case still appears as a "cloud" on title. The foreclosure case itself will also have to be examined to see if it was disposed of and/or if it still is a lien on the property. If it was dismissed "without prejudice" or voluntarily dismissed by your lender, then you should be able to proceed with any sale/transfer of the property. I suggest you have an attorney carefully review all these issues and the related recordings and documents to ascertain if you have marketable title.
- Q. How do we establish property percentage of ownership?
- A: Generally speaking, in Illinois, unless there is language to the contrary in the Will, the interests in the property are presumed to have been distributed equally (or "per stirpes") to the heirs. However, if you have contributed a disproportionate amount to maintain the property, pay RE taxes, etc, you may want to consider filing a "partition" action to have a Court determine a fair and equitable distribution of any interest in the property or any proceeds from a sale. However, this could become costly in fees and court costs and it is always better to try to work out an amicable arrangement with your family members. You should consult with a knowledgeable attorney practicing real estate and/or wills & estates to review the Will and for more specific legal advice.
- Q. If a lessee hosts a roommate (no lease, roommate agreement only), who has standing to sue the roommate for unpaid rent?
- A: Depending on the terms of your "roommate agreement," which I assume would be similar to a sublease form, you should be able to sue the roommate for unpaid rent owed to you. The landlord/owner may not be able to sue the roommate for his portion of the unpaid rent, but if you have not met your obligations under the "master" lease (including timely payment of rent), the landlord can sue for possession (i.e. eviction) against you and all other occupants of the property. The landlord may also seek unpaid rent and any other reimbursements (i.e. court costs, attorney fees, etc) allowed under the lease against any signatory to the master lease. You should have a knowledgeable eviction/contract attorney thoroughly review your lease and roommate agreement for more specific legal advice.
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