Financing Fiasco

Financing is a crucial part of any real estate purchase but can create significant closing delays. A mortgage rejection can delay the process from 60 days to several years. But don’t worry! You can prevent potential financing roadblocks by getting an initial pre-approval before making an offer. Regularly communicating with your lender, providing necessary documents promptly, and avoiding any significant financial changes, like changing your job, during this time can go a long way in preventing delays.

The Tangle of Title Issues

Title issues are another common reason for delays in real estate closings. Check out our blog on unexpected title issues for specific issues to watch for. How do you avoid title issues? If you’re selling your property, you need to have an experienced attorney on your side to clear title issues.  We at Bradford Miller Law have seen and dealt with almost everything when it comes to titles, so you can feel comfortable hiring our firm.  On the Buyer side, we sometimes have to wait until the title can be cleared up on the Seller side, and sometimes, we have to help the Seller’s attorney, who may not have as much experience.

Inspection Infection

Home inspections can open Pandora’s box of potential issues, leading to delays if the buyer and seller can’t agree on repair plans. To overcome such blockages, sellers can commit to resolving major issues before final walkthroughs or offer concessions for the buyer to take care of them.

The Appraisal Abyss

Sometimes, the property’s appraised value falls below the agreed purchase price, stopping the process. If the appraisal comes back under the agreed purchase price, the buyer and the seller must negotiate. The seller could consider lowering the asking price, or the buyer could pay out the difference in cash. There’s also the option of challenging the appraisal if the buyer can provide.

Final Walkthrough Woes

The final walkthrough is the last opportunity for the buyer to ensure that everything is as the terms agreed upon. Any mishap here can push back the closing date. To avoid this, buyers should meticulously inspect the property and address any red flags with their real estate agent or attorney. Sellers should double-check everything is in order before leaving the property. 

Ticking Timebomb of Deadlines

Another significant reason for delays is unrealistically tight contract dates. Setting a reasonable timeline for the closing can make this process smoother. If the set deadline is too short, any snag might jeopardize the entire deal. 

Let Us Help!

If your closing is approaching, understanding these common roadblocks and how to handle them could mean the difference between a smooth, timely closing and a frustratingly delayed one. To ensure a smooth transaction, contact Bradford Miller Law, P.C. We’d gladly represent you. 

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Understanding Short Sales

A short sale occurs when a homeowner is in dire financial trouble and needs to sell their property for less than the full amount owed. When this happens, the property is said to have been “sold short.” The lender of the original mortgage gets all of the proceeds of the sale and either forgives the difference or gets a deficiency judgment, which requires the original borrower to pay what’s left over. Typically, we at Bradford Miller Law are able to get the lender to forgive the deficiency. With this in mind, how do you determine if a short sale is the right move for you? Several situations make a short sale a good option: a decrease in property value below the mortgage amount, financial hardship, like loss of income or major illness, or mortgage terms that will skyrocket or have become unmanageable.

Financial and Home Equity Redemption

One primary benefit of a short sale is restoring financial peace. By proactively engaging in this process, homeowners can free themselves from the burden of unmanageable debt and protect their equity. It’s a strong damage control tool that allows you to save your remaining assets and avoid the fallout associated with foreclosure. A successful short sale effectively alleviates your debt. This means that the lender surrenders the claim to recover the remaining balance with a clear financial horizon, free from the weight of debt.

Recover Your Credit Score

The silver lining is that it can lend itself to advancing your credit. Defaults on loans, like those that come with foreclosures or bankruptcies, lead to the scarlet letter of poor credit. However, A short sale offers a less marked effect on credit scores, especially compared to the devastating marks of foreclosure. By selling the property and negotiating a solid case with the lender, the short sale process is a proactive approach to financial resolution that credit agencies recognize. This progressive move can mitigate the long-term impact on your credit and potentially allow for faster credit score recovery. 

Possibility of Re-Homeownership After Short Sale

 Short sales are about building a fresh start. The freedom of reliving an unmanageable mortgage goes beyond financial freedom and extends to mental and emotional freedom. This freedom reinforces your opportunity to start fresh with a secure financial foundation. Government and private sector programs often provide paths back to home ownership post-short sale. Individuals previously involved in a short sale can leverage these programs to make proud, supported reentries into the housing market.

Post Short Sale Financial Recovery

The short sale is just one step in a homeowner’s financial recovery. To fully unlock the silver lining, you must take proactive steps toward rebuilding your credit and creating a stable financial future. After a short sale, it’s time to reassess your priorities and set up a realistic budget. It’s essential to save for emergencies and future down payments. You’ll also need to work diligently to repair your credit. Ways to do this include paying bills on time, keeping credit card balances low, and using credit responsibly. Homeownership assistance programs can help you become a homeowner again after a short sale. They often require a waiting period and may have specific eligibility criteria to determine what you qualify for.

Find The Solution

A short sale may seem like the end of a chapter, but it can often bring new opportunities. Understanding the process and taking proactive steps post-sale can turn a challenging situation into a step toward a secure future. Remember, you’re not alone in this; contact us if you are considering a short sale. We’d be happy to guide you in your financial recovery. 

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Overpricing Your House

One of the most common mistakes that cause homes to stay on the market for extended periods without any offers is overpricing. Overpricing can happen for various reasons, such as wanting the most financial gain from your asset, sentimental value clouding judgment, or trying to get a return on any money you may have put into the property. Unfortunately, pricing too high often scares away buyers and leads to your home sitting on the market for a long time, creating additional doubts in future potential buyers. The solution rests in utilizing your real estate agent. Consult with them to conduct a comparative market analysis and think competitively when determining the listing price. You should also research independently, but remember to be realistic.

Refusing to Negotiate When Selling Your Home

You need to remember that selling your home is a negotiation process and that you must be willing to compromise with potential buyers. Refusing to negotiate on price or other terms can upset buyers and prolong the selling process. Expect to negotiate if you receive an offer for your house that is different from what you’d hoped it would be. Sometimes, buyers won’t request a lower blanket price but will negotiate for repair requests or closing cost credits. It’s natural to think your asking price is more than fair, but at the end of the day, the only way to seal the deal is to get the buyer to feel like they are benefitting too.

Not Decluttering or Depersonalizing Your Home

Failing to make your property feel spacious and universally enjoyed by any potential buyers can cost you prime offers and is often the result of not decluttering and de-personalizing your home. When selling your home you need to create a space where buyers can imagine their own lives in your home. They need to be able to paint their future in each room without worrying about how cluttered the space can get. Get rid of items you don’t need anymore, remove oversized couches and other large furniture that crowds the room, clear out closets so they don’t look messy, and put away decor that displays too much personal detail, like family photos or memorabilia.  Empty surfaces don’t always need something on them; you can give your eyes a moment to rest.

Ignoring Repairs and Maintenance Issues

Ignoring maintenance issues and neglecting to make repairs can delay your closing if discovered during the home inspection. Fix any leaks, cracks, stains, or other problems to minimize potential buyers’ worries. A little TLC goes a long way. While you may have grown accustomed to a leaky faucet or a cracked tile floor, potential buyers will certainly notice these flaws. Failing to make repairs can lead to a lower home appraisal or deter potential buyers altogether. You’re better off fixing those cracks in the foundation or replacing the roof beforehand rather than having the buyer ask for credit because then you’ll have more say over who does the job and the total cost of the repair. Plus, newly replaced features become a selling point once the property is listed.

Failing to Disclose Issues When Selling Your Home

Failing to disclose issues or needed repairs can delay closing or cause a lawsuit if the problem isn’t caught before closing. Buyers appreciate transparency and issues addressed pre-sale to avoid future headaches. An inspection contingency can protect all parties if you can’t afford to make repairs before putting it on the market. It’s vital to be honest and upfront about issues, even if they aren’t visible to the naked eye or are minor. Sellers are required to note recent repairs, problems, and updates in the seller’s disclosure.

Let Us Help

Selling your house can be confusing and stressful, but avoiding these common mistakes can increase your chances of a smooth sale. Contact our team if you need a real estate attorney while selling your home; we’d be happy to help.

The post Six Mistakes to Avoid When Selling Your Home appeared first on Bradford Miller Law.

Know the Common Reasons for Tenant Disputes

Late or non-payment of rent, property damage, and lease violations are the top reasons for tenant disputes. Miscommunication or misunderstandings about responsibilities can also sow seeds of discord.

Understand The Legal Framework in Chicago

Chicago’s landlord-tenant law significantly affects each party’s rights and obligations. Understanding the Residential Landlord and Tenant Ordinance (RLTO) is critical to avoiding tenant disputes. The RLTO covers a wide range of topics, including security deposits, eviction, and lease agreements.

Secure Comprehensive Lease Agreements

Well-drafted lease agreements are the bedrock of a Tenant-landlord relationship. In your agreement, leaving no stone unturned in detailing responsibilities, rental terms, and property conditions is essential. Ensure your lease complies with Chicago’s rental laws and is reviewed by a legal professional. 

Regular Property Inspections

Conducting thorough inspections before a tenant moves in, after any maintenance work, and upon move-out can document the property’s condition. Providing tenants with a checklist can guide and formalize this process, reducing disputes about property damages.

Effective Communication Channels to Prevent Tenant Disputes

Clear communication channels can prevent disputes. Encourage tenants to report issues promptly and be available to listen and respond. Utilize multiple channels, such as email, phone, and property apps, to ensure accessibility.

Next Steps

Tenant disputes are never pleasant, but they are manageable. By understanding the legalities, preempting issues, and having a clear plan for resolution, landlords can protect their time, resources, and properties. Treating every tenant as a partner in the property’s stewardship while maintaining professional boundaries is crucial for a lasting and positive landlord-tenant relationship. If you have a tenant dispute, don’t hesitate to contact us. We would be happy to represent you.

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In 2018, Chicago restructured their building codes to match the International Building Code (IBC). This new code goes hand in hand with the IBC structure and section numbers, which enables faster upgrades when the code cycle changes. This new code brings the city up to national standards and ushers in heightened life safety standards and cutting-edge technology integration that ensures Chicago’s buildings are among the safest in the world.

Not Obtaining a Building Permit

One of the most common violations for getting fined is conducting a renovation or remodeling without obtaining the proper permits. Having the correct permit before you start work will protect you from steep penalties and unwanted delays. Your construction project, whether it’s building a deck, finishing a basement, or even building a fence, will require a building permit or, in some cases, an “easy” permit. In the case of non-compliance, the Chicago Department of Buildings won’t hesitate to issue a “Stop Work Order,” instantly putting a halt to your project. 

The City of Chicago offers a streamlined, easy permit process for minor home improvement projects. The review processes range from easy permit and standard plan review to self-certification and developer services. Depending on the work’s scope, the fees for an Easy Permit can vary between $250 and $1,500.

Violating a “Stop Work Order”

In some cases, people avoid the “Stop Work Order” and continue their projects without obtaining the proper permits or complying. Not complying with a “Stop Work Order” can lead to severe penalties, including fines of up to $1,000 per day of violation, 100 hours of community service, or even six months of imprisonment. The order can only be lifted after obtaining a permit and paying the penalty. Remember, this can be avoided by getting the required permit in the first place. 

Porch Safety

As property owners, it is imperative to maintain safety standards in line with the building code. Porch safety is one of the most recurring violations. Inspectors will typically look for structural integrity, stairs, and handrails. A porch built over ten years ago is likely to have some violations. To avoid a potential lawsuit, we advise you to get your porch inspected for any defects.

Not Having a Sprinkler System

For certain types of buildings with large occupancies, such as residences with four or more apartments, schools, event venues that can house over 300 people, and hazardous occupancies, having sprinklers installed is a new requirement instated by the IBC.

Elevator Code Breaches

Elevator code violations are often found in high-rise buildings. While elevator inspections are handled by a separate department, other continuous and repeated infractions can raise concerns.

How We Can Help

Maintaining safety standards is crucial for your front porch, sprinkler system, or elevator. Countless landlords have been fined for violating one of these building codes, so make sure it isn’t you. If you are faced with a building code violation, contact us, and we will gladly represent you.

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The Aftermath of Closing

Closing on your dream home is often seen as the finish line in your real estate race. The keys are in your hand, the contracts are signed, and the champagne is on ice. But does the relationship with your real estate attorney end there? Here are five reasons why maintaining a relationship with your real estate attorney post-closing is more important than you might think.

Future Legal Needs Related to Your Purchase

A home purchase is a complex transaction that involves several legal documents. After the property is officially transferred, you may encounter issues that require the services of a real estate attorney. These include boundary disputes with neighbors, challenges regarding title insurance coverage, or even finding damages undisclosed by the sellers. Additionally, understanding your rights as a homeowner can be crucial to avoiding future legal disputes. A Bradford Miller Law attorney can help clarify any issues and ensure you remain legally protected as a property owner.

Staying in Touch

Your attorney is a valuable resource, and it’s in your best interest to maintain a relationship with them. Even if you don’t foresee any immediate legal needs, staying connected means you have someone to turn to when questions arise. Attorneys can be excellent sources of referral for other professionals you may need, such as surveyors, contractors, or financial advisors. Simple periodic check-ins can keep you on their radar and make it easier for them to help you if a legal situation does present itself. For example, major life milestones, like marriages or new children, may mean it is time to check in with your real estate attorney, as they can often help you with estate planning or establish a living will or trust for your property and other assets.

Estate Planning

Now that you are a homeowner, an estate plan is likely needed!  We can help you determine how to protect your assets, including your property, and make sure your wishes are fulfilled upon your death.  Once you are ready, feel free to contact us, and we will give you several options for an estate plan based on your needs.

Future Real Estate Transactions

If you’re considering buying an investment property, moving to a new state, or refinancing your home, Bradford Miller Law’s knowledge will be invaluable. They can advise you on local laws, regulations, and best practices differences. At Bradford Miller Law, we have a network of trusted professionals who can connect you with the right people. Consulting your attorney early may save time and money and avoid costly legal issues. We can help you strategize, understand your potential legal exposure, and ensure that all your bases are covered before you proceed with your next real estate transaction.

Legal Resources

We are not just a one-time transaction professional. We can provide valuable education on real estate law and processes to help you become a more informed consumer. We have social media videos, newsletters, blogs, and guides for many real estate avenues. It’s essential to utilize these resources to stay informed and prepared.

We Are Here For You

Understanding that Bradford Miller Law is here for you regarding your real estate affairs can be a game changer. Homeownership and real estate investing involves continuous decision-making, many of which have legal implications; contact us today for all of your real estate needs.

The post Does Our Relationship End After Closing? appeared first on Bradford Miller Law.

The Importance of Being Properly Insured

If you’re a landlord in Illinois, having landlord insurance may not be a legal requirement, but it is a wise investment. It protects substantially against property damage, theft, vandalism, and liability claims. Landlord insurance also affords compliance with changing building codes and guarantees that your property remains safe and meets standards.

What Does Landlord Insurance Cover?

Landlord insurance, or rental property insurance, is your safety net. It typically covers the rental building, other structures on the property, and personal property used to maintain the property and provides landlord liability protection. This includes property coverage for damages caused by various perils such as windstorms, hail, fire, water damage, and storm damage. Liability coverage is another piece of the safety puzzle. This feature offers a financial safety blanket for injuries on the premises.

Additional Coverage

While basic coverage is integral, landlord insurance doesn’t stop there. You can tailor your policy to fit your unique circumstances with additional coverage options. Some of these options include vandalism and burglary coverage, flood insurance for flood-prone areas, umbrella policies for higher liability limits, coverage for building renovations, ordinance and law coverage for meeting new building codes, and loss of rent insurance to cover rental reimbursement if your property becomes unlivable due to notable damage.

Protecting Your Rental Income

 Loss of rent coverage is a tool any landlord should have in their toolbox. This part of your policy provides financial protection if your property becomes uninhabitable due to unforeseen circumstances like fire or flood. Rent coverage is a temporary substitute for lost rental income. Tenant damage coverage is also critical, as it can help cover the bill for repair costs if a tenant accidentally damages your property. It’s an added layer of reassurance in the landlord-tenant relationship.

Tenant Responsibilities

It’s vital that tenants understand that your landlord’s insurance does not cover their belongings. Tenants should provide their own renter’s insurance to protect their belongings. As a precaution, you may require tenants to provide proof of renter’s insurance upon signing their lease.

The Importance of Liability Insurance

Liability insurance is a must-have for any landlord. It shields you from potential costs relating to injuries or property damage due to negligence or other covered situations. The financial impacts of a single liability claim could be devastating. By having liability insurance, you can rest easy knowing you’re protected.

Determining Coverage Needs

Speaking of protection, how much insurance do you need? There isn’t a one-size-fits-all answer. Factors such as the cost of the building, other structures on the property, and reconstruction costs all play a role in determining the necessary coverage amount. It’s also important to remember that your specific situation and location may cause your coverage needs to vary. When talking with prospective insurance agents, be sure to ask them:

• What Types of Coverage Does the Policy Offer?
• What Are the Policy’s Limits and Deductibles?
• Does the Policy Cover Your Rental Property Type? 
• Are There Any Exclusions or Limitations in the Policy?
• How Does the Claims Process Work?
• Can the Policy Be Customized to Meet My Specific Needs?
• Does the Policy Provide Coverage for Tenant-Caused Damage or Vandalism?

Now that you understand the importance of landlord insurance and its coverage options, it’s time to take action. Assess your specific needs, consider the potential risks, and customize your policy accordingly. Remember, with the right landlord insurance, you can confidently continue to rent out your property, knowing that you’re protected. Don’t hesitate to contact us if you need assistance with tenant eviction or building code violations.

The post Why Landlord Insurance is Important appeared first on Bradford Miller Law.

What is Earnest Money?

In the context of real estate, “earnest money” refers to a deposit made by the buyer when making an offer on a property. It is a good faith payment showing the seller that the buyer is trustworthy and serious about purchasing their property. Unlike a down payment, which is a larger sum paid at closing, the earnest money is a part of the initial offer and signals a buyer’s commitment to the deal. Sellers often take their property off the market once they accept an offer. If the buyer backs out without a serious cause, their earnest money provides the seller with financial compensation for the lost time.

Shows Commitment

When a buyer includes earnest money with their offer, it shows they are willing to put a portion of their assets on the deal. This commitment often influences the seller’s view of the buyer’s sincerity and the strength of the offer.

Protects Both Parties

Earnest money acts as a form of legal protection for both parties. It discourages the buyer from changing their mind without valid grounds, relieving the seller when an offer is accepted but not completed.

Increases Acceptance Rate

An offer with a higher earnest money deposit is often more attractive to a seller, especially in competitive markets. Earnest money could make the difference between having your offer accepted or passed over for a more influential one.

The Right Amount of Earnest Money

The amount of earnest money can vary based on the type of property, the market, and the total purchase price. If the market is hot, you may want to offer a higher amount to ensure your offer is accepted. Generally, it ranges from 1% to 5% of the offer price. However, it can be as high as 10% for highly competitive homes with multiple buyers interested.

The Escrow Process

Once the seller accepts the offer, the earnest money is typically held in an escrow account, which means it is securely kept by a third party like a title company, law firm, or real estate broker.  Acceptable forms of payment are wire transfers, certified checks, or personal checks. The third party keeps the money until closing when it will go towards the buyer’s down payment or closing costs. 

When is Earnest Money Refundable?

The return of earnest money is not automatic; its refund is contingent on the parties’ agreed-upon terms. If the buyer pulls out without a valid reason, the seller may be entitled to keep the earnest money. Likewise, if the seller fails to meet the conditions of the offer, the earnest money is usually returned to the buyer. Typical situations where the buyer can walk away with their earnest money can include the following: 

• When a home inspector finds severe housing problems 
• If the appraisal amount is lower than the home sale price and the seller will not re-negotiate the sales price 
• When the buyer can’t secure financing 
• When a buyer is unable to sell their current home before closing on the new one

Buyers will forfeit their earnest money if they waive their financing and inspection contingencies and their mortgage doesn’t go through. Buyers can also lose their earnest money if they fail to close on the agreed date.

Need Further Guidance?

Whether you are a buyer looking to show your commitment or a seller who wants to make a wise choice when vetting offers, understanding earnest money can lead you to a more secure and successful transaction.  If you are looking to buy or sell your home, contact Bradford Miller Law, P.C. We’d be happy to help guide you in your real estate journey.

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What is Foreclosure?

Foreclosure is the legal process when a lender takes possession of your home when you fail to make mortgage payments. This process is initiated after you miss a handful of payments, leading to the sheriff’s department auctioning your home. With a foreclosure comes several severe consequences, including damage to your credit score, the potential loss of other significant financial assets, and the loss of your home.

Common Reasons for Foreclosure

1. Unexpected job loss or income reduction
2. Sizable medical expenses
3. Divorce or a family crisis
4. Credit card and other unsecured debt
5. High-interest mortgage payments

Ways to Avoid Foreclosure

Foreclosure prevention is all about being proactive. Here are eight approaches to avoiding the worst-case scenario.

Timely Communication with Lenders

The first and most vital action to take if you’re struggling to make mortgage payments is to contact your lender right away. Explain the reasons for your financial hardship, and see if an agreement can be reached. A forbearance agreement allows you to stop making payments temporarily or to reduce your monthly payment.

Loan Modifications

Loan modifications are changes to the terms of your mortgage that can lower monthly payments. They could extend the loan term, lower the interest rate, or add unpaid interest to the principal balance. It’s a tedious process that requires proof of financial hardship and your ability to meet the new payment terms.

Financial Counseling

Professional financial counseling can educate and assist you in managing your debts and setting up a realistic payment plan. Housing counselors approved by the U.S. Department of Housing and Urban Development (HUD) can offer advice on buying a home, renting, defaults, foreclosures, and credit issues.

Budgeting and Expense Management

Maintaining a tight grip on your finances is crucial as foreclosure grows near. This means cutting non-essential expenses and redirecting finances towards your mortgage. It’s also essential to consider long-term and short-term strategies to increase income, like taking on additional work or selling valuable possessions.

Short Sale

A short sale is a real estate transaction when the profits from selling the property fall short of the balance owed on the loan. The lender agrees to accept less than the total amount owed and releases the lien on the property so you can sell it free and clear. It’s a way to avoid a foreclosure’s negative impact on your credit while resolving your mortgage debt. If you are facing foreclosure and are considering a short sale as an option, download our short sale guide and contact us today.

Deed in Lieu of Foreclosure

Similar to a short sale, a deed in lieu of foreclosure involves transferring the property back to the lender instead of going through foreclosure. It allows you to avoid the consequences of foreclosure and may even provide you with relocation assistance from the lender.

Rent Out Your Home

Renting out your home can provide the income needed to keep up with mortgage payments, at least in the short term. However, rental income may not cover the entire mortgage and expenses associated with being a landlord, and you’ll need to consider the long-term tenant you want to avoid repeating the foreclosure cycle.

Know Your Rights as a Homeowner

Familiarize yourself with your mortgage agreement and state laws protecting homeowners’ rights in foreclosure proceedings. Consult Bradford Miller Law, P.C. for specific advice that fits your situation.

Foreclosure is a complex and emotionally draining experience. Proper knowledge, tools, and support can significantly increase your chances of avoiding it. If you are facing foreclosure, we would be happy to help you prevent it by representing you in a short sale or providing legal guidance. Contact us today for a consultation.

The post 8 Ways to Avoid Foreclosure appeared first on Bradford Miller Law.

Don’t Forget to Give a Notice; Do Pay Attention to Details

You mustn’t miss any critical details when it comes to Chicago evictions. Illinois law requires that you issue a formal notice to your tenants before attempting eviction. You must present a 5-day Notice for rent nonpayment, while other lease violations require a 10-day Notice. Never underestimate the importance of proper notices; skipping this step can lead to defective filings.

Don’t Slack; Do Stay on Top of It

Managing dates precisely and proceeding swiftly once an eviction is needed is crucial. Remember, time is money, and any delay equals lost rental income. Connect with an experienced lawyer to start the process as soon as you can.

Don’t Accept Rent; Do Reject Payment After You Serve

Once an eviction notice is served, don’t accept any rent payments. Accepting rent at this stage typically negates your eviction filing. Only accept partial payments if you’ve consulted with your attorney first.

Don’t Lock Out; Do Keep Your Cool

Remember, no matter how frustrated you may be, never resort to locking out your tenants or forcibly removing their belongings. This is considered an illegal eviction and can land you in hot water legally and financially. The eviction is only legal when enforced by the law after receiving a court eviction order.

Contact us today if you need to evict a tenant and want to protect your rights. Bradford Miller Law, P.C. would love to help you with your Chicago Evictions.

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