We are proud to announce that the law firms of Ewing & Smith, LLC and the Colosimo Law Office have merged to form a new firm, Colosimo, Ewing and Smith, LLC. Our new firm combines the respective practice expertise of our three partners, Carlo D. Colosimo, Esq., Andrew R. Smith, Esq. and Nathan T. Ewing, Esq. This is an exciting time for us. The merger offers a lot of potential value for our clients. Our competencies complement one another. By coming together, we can offer our clients a far wider array of legal court services and depth of experience. We will now offer the following practice areas: Association Law, Civil Litigation, Corporate/Business Law, Criminal Law, Estate and Trust Administration, Estate Planning Divorce/Family Law. The firm is also able to help clients with paternity and guardianships for minor and disabled adults. Their real estate law practice includes dealing with landlord/tenant disputes and transactions for agricultural, commercial and residential properties. As we’ve seen in our respective careers, these matters often tend to overlap. For example, a family real estate business may find itself with a need for family law or trust administration services. Now, we can better serve this client. Similarly, [...]

When should a real estate contract be “subject to court approval.” This post discusses a few situations when the listing agreement and real estate contract must be subject to court approval. The examples listed below are not exhaustive, but provide some insight into the process of obtaining court approval. Supervised Probate In Illinois, when a probate estate is opened, the administration of the estate is either supervised or independent.¹When the probate estate is supervised by the court, the Executor or Administrator must get court approval before taking certain actions. For example, in order to sell real estate, the court may require the approval of the listing agreement and real estate contract. Real Estate Partition In Illinois, an owner can seek the partition of real estate.² This generally occurs when the owners to the property are in disagreement about the management and care of the property. Either owner may file the lawsuit and utilize real estate attorneys to partition the property. When partitioning real estate, the court has the power to require the sale of the real estate and to partition the proceeds. Under this circumstance, the requesting party should seek court approval of the listing agreement and real estate closing contract. This [...]

This post provides useful information on attending a residential real estate closing in Illinois. Once the Lender issues a Clear to Close on your loan, the closing date and time can be scheduled. Under new TRID regulations, the closing must be at least 3 business days after you receive your final Closing Disclosure. Closing Location Most closings are held at title insurance companies. However, in some situations the closing will be held at an attorney’s office or real estate agent’s office for convenience.  I would recommend showing up about 10 minutes early. What to Bring –  Buyers Each Buyer will need to bring a valid photo ID. In most cases, Buyers will need to be “cash” to closing. Below are a few basic rules for bringing “cash” to closing: Oddly enough, although the documents call for “cash”, no cash is actually allowed. If the amount you need to bring to closing is less than $500.00, then you may bring a personal check. If the amount you need to bring to closing is greater than $500.00 but less than $50,000.00, then you will need to bring a cashier’s check. If the amount you need to bring to closing is greater [...]

This post describes the general timeline associated with an eviction. As discussed in a previous post, you must wait five days after personally serving the Landlord’s Five Day Notice on your tenant. If your tenant has not paid the full amount stated in the notice, you may proceed with filing your lawsuit. The technical name of the lawsuit is a complaint for forcible entry and detainer. Sounds more intimidating than it is. When the complaint is filed, a future court date is scheduled about 2-4 weeks out. This time period is dependent upon the judge’s schedule and caseload. Generally, you must set the court date out a minimum of two weeks to allow sufficient time to have the tenant, now called defendant, served with the complaint and summons. Assuming you have been able to serve the tenant, at the first court date one of the following scenarios will happen: If the tenant does not appear in court, the judge will likely enter a default judgment against the tenant. The default judgment will include the amount of the outstanding rent, court costs, attorneys’ fees (if provided for in lease), and a future possession date. If the tenant appears in court [...]

Typical Scenario: You lease your rental home to a tenant on a one-year lease. After six months, the tenant starts to fall behind his his rent. Promises are made and more excuses are given. Sufficiently frustrated, you decide to start the eviction process. This post is about the first, and most critical, step in the eviction process. The Landlord’s Five Day Notice. Legal Requirements Eviction trials generally involve two issues: 1) possession; and 2) rent. Before you can file a lawsuit, called a forcible entry and detainer, you must serve notice on the tenant. The form and substance of the notice is very important to vesting the court with jurisdiction. In order to recover possession and rent, the landlord must serve notice – commonly referred to as a Landlord’s Five Day Notice. (735 ILCS 5/9-201) The notice should be personally served on the tenant after rent is due and unpaid. (735 ILCS 5/9-211)  If the tenant is not home, the notice may be left with a person, thirteen years or older, who resides at the property. (735 ILCS 5/9-211) The notice should include the name(s) of the tenant(s), the full property address, the amount of rent due and owing, [...]

Every Buyer should do a final walk-through the morning of the closing. By that time, the property should be empty. Buyers should be looking for the following things: The property must be empty of people and personal belongings; The agreed-upon appliances and furniture should be present and in the same condition as when the contract was signed; The agreed-upon repairs should be completed; The overall condition of the property (walls, carpet, floors, etc…) should be in the same condition as when the contract was signed; Check the faucets, sinks, toilets and showers for proper water flow and draining; Check the electrical to make sure the lights, ceiling fans, and outlets work properly; Walk around the exterior of the house to make sure there is no recent damage from high winds, hail, or storms. This list is not exhaustive but gives Buyers a short checklist of things to do during their final walk-through. Your real estate broker will attend the final walk-through with you and will be able to assist you in working through the checklist. If there is a problem, contact your attorney immediately to resolve the issue. Unfortunately, it is not uncommon to encounter problems during the final walk-through. In the past [...]

In order to rent or lease residential property in the City of Aurora, the Owner must complete the following steps to register and obtain a rental license: Register with the City of Aurora’s Department of Neighborhood Standards; Pay the Rental Program Fees; Attend the Landlord Training Class. Classes are held monthly at the Aurora Police Headquarters. Classes are also held in Spanish on select dates. Once you have obtained your license, you must maintain the rental property in compliance with the Aurora Property Maintenance Code. The City of Aurora conducts inspections of the property and may cite you for not maintaining the property. The information provided can also be found at https://www.aurora-il.org/propertystandards/apt_licensing.php. After you have obtained your license, the next step is to lease the property. If you ever have any questions, please contact the attorneys at CES Law. Below is a checklist of recommended steps all Owners should undertake: Have all prospective tenants complete a rental application. This should request information about employment, number of occupants, driver’s license, social security number, references and consent to obtain a background check* and credit report. (*required by City of Aurora) Have all tenants sign a residential lease. The lease does not [...]