309-788-2800 [email protected]

Landlord / Tenant representation and eviction


 

When a dispute arises with a tenant or you need to start or defend an eviction proceeding, you can rely on McCarthy, Callas & Feeney, P.C. to make sure you are standing on solid legal ground. If your tenant has refused to pay or otherwise violated terms of the lease or contract, you should not try to resolve the dispute on your own. Stay on the right side of the law with our help.

Speak with an experienced real estate attorney who is well versed in Illinois or Iowa’s landlord/tenant laws. We know how complex and confusing the law can be for property owners who need to defend themselves or for tenants to assert their rights. A miscalculation could prove to be extremely costly.

At McCarthy, Callas & Feeney, P.C., our landlord/tenant dispute lawyers offer more than three decades of real estate experience. We have a strong background protecting our clients’ best interests, while diffusing the contentious nature of landlord/tenant disputes. We have a strong background representing clients in the courts of Illinois and Iowa.

Our experienced real estate lawyers, understand the nuances of the law and will give your case the attention it deserves. That’s why rental property owners and tenants throughout the Quad Cities area have turned to us when they need a lawyer to sift through the statutes, pore over documents and build a solid case.

What legal issues often arise during landlord/tenant disputes?

Landlords and tenants depend on each other. When a dispute erupts with a tenant, consult an experienced lawyer prepared to protect your best interests without putting your business needs or legal rights in jeopardy. We have extensive real estate experience. Our attorneys understand the rights of landlords and tenants in commercial and residential real estate. We know how to resolve disputes without adding more fuel to the fire.

We can thoroughly review your lease agreement as a first step towards seeking to resolve your real estate dispute over some of the most common sources of landlord/tenant disputes, including:

  • Nonpayment or late payments
  • Eviction notices
  • Illegal evictions locking tenants out of the premise
  • Terms of a lease agreement (drafting and reviewing leases)
  • Habitual noise and lease violations
  • Uninhabitable property concerns

 

Call McCarthy, Callas & Feeney, P.C. with any landlord/tenant questions.

Illinois 309-788-2800 or Iowa 563-345-6009

 

Real Estate Frequently Asked Questions


 

Useful information from real estate attorneys with more than three decades of experience.

If you’re looking for information about real estate law in Illinois or Iowa, we have your answers. As a special service to you, we have created this frequently asked question page. Don’t see your question here? Call McCarthy, Callas & Feeney, P.C. right now to find out how one of our real estate attorneys can help you in Illinois 309-788-2800 or Iowa 563-345-6009.

  • What Real Estate Legal Services Do You Offer?
  • What is Seller Financing and How Does It Affect Transactions?
  • Why Hire a Real Estate Lawyer?
  • What is Title Insurance?
  • What is an Abstract?
  • What Should I Bring to My Meeting with My Attorney?
  • What Should I Expect at Closing?

 

What Real Estate Legal Services Do You Offer?

Our experienced Illinois and Iowa real estate attorneys can work with you on a wide range of legal matters, including:

  • Real estate title issues
  • Closing and notary service
  • Refinance and lender representation
  • Tax sale deeds
  • Land sale contracts
  • Landlord/tenant disputes
  • Public Housing
  • Mechanic’s liens
  • Boundary disputes
  • Seller finance
  • FSBO (For Sale by Owner) purchase/sale contacts
  • Easement and driveway agreements

 

What is Seller Financing and How Does It Affect Transactions?

This type of transaction, is where the seller sells the property to the buyer over time in an installment contract.  The seller acts like a bank, instead of a bank holding a mortgage the seller holds legal title until the buyer pays off the installment contract.  A seller receives a  stream of payments over a long period, but carries the risk of the buyer failing to make payments.  Our firm can structure the terms of these transactions to your specific needs.

Why Hire a Real Estate Lawyer?

Peace of mind that your transaction is completed professionally.  The purchase of your home or real estate may be the biggest purchase in one’s life.  You should have an experience attorney at your side.

During our more than 30 years of practice, we have helped businesses and homebuyers resolve issues in their current transactions, as well as prevented problems in the distant future.

Sometimes more than one person believes they have a right to a particular piece of property. Other times, people are unable to sell land they purchased at a tax sale. When these situations occur, you need to prove you have the right to sell your land by filing a quiet title action – something our attorneys have been doing for more than decades.

Whether someone is asserting a right to your property, or if a lien is preventing your transaction from moving forward, we are here to help. We can assist you with many other real estate issues as well such as purchase agreements, boundary disputes, or construction projects.

 

What is Title Insurance? 

Title insurance is a form of indemnity insurance that protects the holder from financial loss sustained from defects in a title to a property.  The most common type of title insurance is the lender’s title insurance, in which the borrower purchases coverage only to protect the lender.  The owner’s title insurance is often paid for by the seller to protect the buyer’s equity in the property and is available separately.

 

How Title Insurance Works

A clear title is necessary for any real estate transaction.  Title companies must do a search on every title in order to check for claims or liens of any kind against them before they can be issued.

A title search is an examination of public records to determine and confirm a property’s legal ownership and to find out whether there are any claims on the property.  Erroneous surveys and unresolved building code violations are two examples of blemishes that can make the title “dirty.”

Title insurance protects both real estate owners and lenders against loss or damage occurring from liens, encumbrances, or defects in the title or actual ownership of a property.  Unlike traditional insurance, which protects against future events, title insurance protects against claims for past occurrences.

A basic owner’s title insurance policy typical covers the following hazards:

Encumbrances or judgments against property, such as outstanding lawsuits or liens. 

In lieu of title insurance, some private transactions can involve a warranty of title, which is a guarantee by a seller to a buyer that the sellers has the right to transfer ownership and no one else has rights to the property. 

McCarthy, Callas & Feeney, P.C. has partnered with Attorney’s Title Guaranty Fund and American Land Title Association (ALTA) to provide a full range of title insurance products to serve your needs at a very competitive rate. 

 

What is an Abstract?

Abstract of Title is the brief historical overview of all of the historical legal documentation associated with a property, including titles, transfers and claims against the property.  Typically, an abstract of title for a property will begin with liens, litigations, restrictions, and tax sales.  This document is crucial for Iowa landowners as a summary of a title’s status.

For Iowa purchases you should obtain a copy of the abstract of title prior to negotiating for ownership.  Similarly, property owners should maintain a copy of the abstract of title for their properties, as these documents can often be incredibly costly to replace.  As a result, many property owners will store such documents in safe deposit boxes as a preventive measure against theft or fire.

Iowa owners who do not have access to their abstract of title can work with us to obtain the abstract, or to recreate the abstract.  For Illinois property we will work with a title insurer to protect your interest.  Ordinarily, since property transactions are reported to the county recorder, these agencies are key in recording and researching title histories.

Usually in Illinois an owner may instead rely on the Owner’s Policy of Title Insurance in place of the abstract of title to perform the same function.  For Iowa, residential purchases are almost exclusively handled with abstracts.  We have partnered with Iowa Title Guaranty to provide policies based on abstracts to protect owners and lenders. 

 

What Should I Bring to My Meeting with My Attorney?

When you meet with us, we urge to bring a copy of any legal documents pertaining to the property in question. This can include a copy of your purchase-and-sale agreement, formal notices from government agencies about unpaid taxes and other relevant information or proposed sales contracts. However, if you do not possess any supporting documents, you can still meet with us. Examples of other important real estate documents include:

  • Deeds
  • Abstracts
  • Title insurance policies
  • Plats
  • Leases
  • Licenses
  • Liens
  • Purchase and sales agreements
  • Realtor or broker agreements
  • Offers to buy
  • Construction and service contracts
  • Mortgage notes and contracts
  • Court or agency documents
  • Documents related to zoning and variances
  • Wills and trusts related to real property
  • Guardianship or conservatorship documents related to real property
  • Correspondence from government agencies, officials and any other relevant parties
  • Assessments, appraisals, inspections and surveys
  • Property tax statements

 

If you do not readily have access to the information listed above, do not wait to contact us. We can always obtain your official documents later. What matters most is meeting with you as soon as possible to discuss the details of your case.

 

What Should I Expect at Closing?

A closing, or settlement, is the meeting during which ownership of the property is officially transferred from the seller to the buyer. The buyer and the seller, their attorneys, both real estate sales professionals, a representative of the lender and the dosing agent typically attend the closing. The closing involves settling any open issues, balancing and verifying an often-complex closing statement and signing all documents necessary to complete the transaction. An attorney with experience in closing real estate transactions from McCarthy, Callas & Feeney, P.C. will advise you at closing to ensure that your rights are protected.

Closing costs are one of the least-understood aspects of the home-purchase procedure. Although a good closer will take time to walk a buyer through the numbers, an experienced attorney from McCarthy, Callas & Feeney, P.C. will provide additional insight and verify that the costs are being appropriately allocated between the buyer and the seller.

Closing costs vary somewhat by community, but they generally are between two and five percent of the home’s purchase price and include:

  • Attorney’s fees
  • Escrow fees
  • Property taxes to cover the period to the closing date
  • Interest from the closing date to one month before the first monthly payment
  • Loan origination fees
  • Recording fees
  • Survey fees
  • Mortgage insurance, if applicable
  • Title insurance or abstracting both for the buyer and the lender
  • Loan discount points
  • The first escrow payment for future real estate taxes and insurance
  • Homeowner’s insurance policy payment or receipt
  • Appraisal fees
  • Pest or other specific inspection fees
  • Document preparation fees

 

At closing, the buyer typically presents his or her paid homeowner’s insurance policy or a binder and receipt showing a paid premium. The closing agent will then list the amounts the buyer owes the seller and the amounts the seller owes the buyer. The seller will provide any items the contract requires him or her to provide. Once the parties have verified that the numbers are correct, the parties sign the closing statement, the buyer signs the mortgage note and the mortgage, and the seller gives the buyer title to the property in the form of a signed deed.

The buyer often pays the lender’s agent all closing costs, and the closer provides the buyer with a settlement statement listing all the monetary items. Immediately after closing, the closing agent should record the deed and mortgage. During the closing process, the buyer also typically receives:

  • Settlement statement, itemizing the services provided and the fees charged.
  • Truth-in-lending statement
  • Mortgage note
  • Mortgage or deed of trust
  • Sales contract
  • Any required affidavits, if any
  • Copy of the deed
  • Keys to the home
  • Title insurance binders or an updated abstract

 

Real estate closings can move very quickly, with both parties discussing and sometimes disagreeing about the numbers, all of which ultimately represent your hard-earned money. A real estate attorney who thoroughly understands real estate law at McCarthy, Callas & Feeney, P.C. can look out for your best interests and help you protect your rights.

 

Call McCarthy, Callas & Feeney, P.C. with any real estate questions.

Illinois 309-788-2800 or  Iowa 563-345-6009

Real Estate Title Issues


 

Experienced real estate lawyers familiar with Illinois and Iowa title issues.

For more than three decades of experience the attorneys at McCarthy, Callas & Feeney, P.C. have handled real estate title issues for people through Illinois and Iowa.  Our client’s put their trust in us because they know we understand the law and consistently deliver results.

Our law firm has extensive experience dealing with title issues.  Don’t underestimate the complexity of your real estate title issues.  Resolving them in a timely manner is also often critical.  Contact our law firm as soon as possible to discuss the details of your real estate title case.

What type of real estate title cases does McCarthy, Callas & Feeney, P.C. handle?

There are many different kinds of title issues that often need to be addressed before a sale can be finalized.  Some of the most common real estate title issues we deal with include:

  • Liens – You want your title to be free and clear of liens.  Our lawyers are committed to making that happen.  We can address all types of liens, including those that predated your ownership of the property, as well as place a lien on another owner’s property, and lien defense.
  • Quiet Title Actions – If you have an interest in a piece of real estate that you believe is yours, but you do not have clear title to it, a quiet title action may be necessary. Our lawyers have the experience to seek the court’s intervention to quiet the title.  We can work to identify even the most complex title issue, and have been successful in quieting the title on many occasions.
  • Title Insurance/Guaranty – Obtaining a title insurance policy is one step that can be taken to protect against liens. We provide policies through Attorney’s Title Guaranty Fund in Illinois and Iowa Title Guaranty in Iowa.  We offer policies to protect owners and lenders up to closing, recording, and thereafter.
  • Title Search Review and Abstracting – This involves retrieving documents that provide a history of the property. We can determine if the seller has a saleable interest in the property. We also will determine if there are any restrictions or allowances pertaining to the land and will determine if there are judgments, mortgages, or liens existing on the property that need to be paid off at closing.

 

Why do I need an attorney to resolve real estate title issues?

Even if your real estate title issues seem straightforward, the reality is most title issues should be dealt with by a qualified lawyer who understands the legal system and can work with you to resolve your title issues as quickly as possible.

How can our real estate title lawyers help you?

Helping people realize their goals drives our attorneys at the law firm to work hard every single day because they know that their clients do too.  That’s the way we do business in McCarthy, Callas & Feeney, P.C.

When you turn to us for help, we will be there for you when you need us.  Some title issues take longer than others to resolve. But no matter how long the process takes, we will always keep you informed about the status of your case.

Put your trust in a law firm that puts your real estate title issues first. 

 

Call McCarthy, Callas & Feeney, P.C. and schedule a free consultation with us.

Illinois 309-788-2800 or Iowa 563-345-6009

Illinois Office

329 Eighteenth Street
Suite 100
Rock Island, IL 61201
309-788-2800

Iowa Office

5167 Utica Ridge Road
Ausdal Building 1st Floor
Davenport, IA 52807

563-345-6009

Name:

Phone Number:

Email:

My legal question is related to: