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Condo owner believes HOA should cover all repairs of damage in unit caused by roof leak

Q: I live in a mid-sized condo building in Chicago. Last year the common roof above my unit leaked and caused ceiling damage to my unit in several large areas, which required drywall repair, patching and repainting.

When I asked the homeowners association (HOA) and our management company about the repairs, they said they would repair and patch ...Read more

Condo resident frustrated by upstairs neighbor’s noisy renovations

Q: A new owner bought an upstairs condo. Their unit is right above my condo. They’ve been renovating their unit every day, Monday through Friday from 8 a.m. until 5 p.m. It’s been like this for four months. There is no end in sight.

The workers are noisy. They leave the windows open in the unit while working. I complained to the management ...Read more

Potential homebuyer loses out on purchase due to foreclosure

Q: I’m ignorant of real estate law, so this may be off base. Maybe you can tell us if we’re correct to be angry.

My son moved back to Virginia last year. He was preapproved for a loan, got a real estate agent, and began looking at homes. Over a three-month period he looked at maybe 30 homes. He made several offers but was not successful.

...Read more

Reader suggests long-term radon test before listing home for sale

Reader comment: This isn’t a question, but a comment/suggestion. I read one of your columns on your website talking about taking care of the small stuff when it comes time to list your home for sale.

You advise people to get a home inspection before they market their home. And, you suggested that they can make all the repairs to the home ...Read more

Readers seeks clarification regarding enforcement of due-on-sale clause

Q: The Garn-St. Germain Act prohibits enforcement of a due-on-sale clause in a transfer where the spouse or children of the borrower become an owner of the property. Does the “transfer” mean inherit, or does it also include “sale” where the deceased and the spouse are tenants in common?

A: Congress passed the Garn-St. Germain Act back ...Read more

Lender required homebuyer’s parent to prove down payment contribution was gifted rather than loaned

Q: When I gave my son some money to buy a house, I had to submit a letter to his lender stating that the money I gave him was a gift and not a loan. Why did the lender require that?

A: As housing has become more expensive and the newer generations need a larger amount of money for a down payment, homebuyers often seek financial assistance from ...Read more

Could neighbor dispute lead to lawsuit?

Q: I came across one of your articles discussing a fence problem where a neighbor was unhappy about his side of the fence being dirty. You suggested maybe he just clean it, even if his neighbor built the fence entirely on the neighbor’s property. We think that if he cleans it and damages the fence, he could get sued. Just a thought.

A: The ...Read more

Current homeowner discovers previous owner owes real estate taxes dating back to 2002

Q: A previous owner owes taxes on the home we purchased. We are trying to refinance our home and we were told that there are taxes owing from 2002. We purchased the home in 2004. Are we responsible for paying these real estate taxes?

A: It’s hard to believe that you owe a tax bill from 23 years ago. And, that this didn’t come up when you ...Read more

Buyer seeks to protect ownership stake in home purchased for parents

Q: I purchased a home for my parents and was named on the mortgage along with them. But, I’m making the payments. My husband and I recently paid the home off but realized that I am not on the deed with the county because they are receiving homestead exemption. Should I be added or create a trust so that I can protect my ownership? What would ...Read more

How to get your mortgaged home into a trust

Q: I created a trust so my three kids won’t have to deal with probate when I die, as I did with my parents’ home. How do I get my mortgaged home into the trust, or does it need to be?

A: We think you’ve made a good decision, one that your kids will thank you for down the line.

The biggest mistake people make with trusts is they never do ...Read more

Divorcee seeks share of proceeds from property sold by ex-husband

Q: I was divorced back in 1999, My ex-husband kept the property we bought together. I did not get a cent from it. I don’t remember signing off when he sold the property.

I read that I should’ve signed a special warranty deed in front of a notary, which I didn’t. I’m still named in the paperwork for the release of the lien. I signed that...Read more

2025 personal finance resolutions

Every year, Ilyce and Sam offer their readers New Year’s resolutions for homebuyers, home sellers and their personal finances. These are their 2025 personal finance resolutions.

Last year, we asked our readers whether we were in a Silent Depression or a booming economy. Clearly, most Americans believe the economy has been in a tailspin. Or, ...Read more

2025 real estate trends, predictions

Every year, Ilyce and Sam offer their readers New Year’s resolutions for homebuyers, sellers and their personal finances. This year, they’re adding some trends and predictions for 2025.

As we move into the beginning of the second quarter of the 21st century, it’s interesting to see how real estate (and the world) has changed.

Twenty-five...Read more

2025 home seller resolutions

Every year, Ilyce and Sam offer their readers New Year’s resolutions for homebuyers, sellers and their personal finances. These are their 2025 home seller resolutions.

Buyers had a little more purchasing power in 2024, but two headwinds remained: Roughly 85% of homeowners carry interest rates below 6%, and there are not enough homes to buy.

...Read more

Spouse questions lawyer’s fees after husband’s passing

Q: My husband died a couple months ago. He had a living trust. When he died, I asked a friend for the name of a lawyer to assist me to deal with his estate issues. The lawyer asked for a retainer of $5,000, and he charges $400 per hour.

I did not realize that our condo was titled as tenants in common rather than joint tenants. We had to open up...Read more

Continuing the discussion about parents sharing assets with their children

We recently received several questions regarding joint accounts and the co-ownership of a home and other assets. Both of our correspondents demonstrate why you need to be careful when deciding how to hold title to your real estate and non-real estate assets. That’s especially true if you’re thinking of adding a child to the asset’s title. ...Read more

Reader suggests selling rental property using 1031 exchange, buying a DST

Q: I read your recent response to a person who inquired about selling rental properties they own. While your response was factual, you made no mention of the very viable solution of selling the properties and through a 1031 exchange reinvesting the gain in other like kind properties. This could also include Delaware Statutory Trusts (DST) ...Read more

Siblings squabble over inheritance

Q: My mother told me directly that the loans my sisters and brother received would be taken out of their inheritance. My mother passed away 10 years ago. I just found out that my siblings never repaid those loans.

We have never been close, so out of nastiness shown by them to me I asked them to send me my share of their unpaid loans. Will I get...Read more

Reader suggests more options for parents helping adult children with mortgage loans

Q: I am a faithful reader of your Real Estate Matters column every Sunday. I am moved to comment on your advice to the retiree who was trying to be a co-signer on his daughter’s mortgage. While the retiree’s query revolved around the dangers of co-signing, there could be several other much less costly and intrusive options.

Maybe the father...Read more

Reader considers buying condo building to house friends and family

Q: I would love to buy one entire condo building (not the whole complex) and have all my friends and family live “together” with me. How would I go about doing that?

A: It’s nice of you to think about having all of your friends and family live in one condominium building. But, do all of your friends and family actually want to live in the...Read more

 

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