Generated by All in One SEO Pro v5.0.1.1, this is an llms-full.txt file, used by LLMs to index the site. # Covert Marrero Covert LLP DuPage County Family, Real Estate, Criminal and Corporate Attorneys ## Posts ### [What A Real Estate Lawyer Reviews Before Closing](https://www.covertlegal.com/what-a-real-estate-lawyer-reviews-before-closing/) **Published:** August 1, 2026 **Author:** Brian Covert **Content:** Purchasing or selling real estate is one of the most significant financial transactions many people will ever complete. Although buyers and sellers often focus on the purchase price and closing date, numerous legal issues must be reviewed before ownership can legally transfer. A thorough review before closing can help identify problems that may delay the transaction or create future disputes. Real estate attorneys play an important role in evaluating documents, verifying ownership rights, and ensuring compliance with Illinois law. Taking the time to carefully examine these issues before closing can help protect your investment and reduce the risk of unexpected legal complications after the transaction is complete. ### Reviewing The Title And Ownership Records One of the first things we review before closing is the title history for the property. A title search helps identify ownership issues, liens, judgments, unpaid taxes, easements, or other encumbrances that may affect the property’s value or transferability. Under the Illinois Conveyances Act, [765 ILCS 5/1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2137&ChapterID=62), real estate transfers must comply with specific legal requirements. We carefully review title commitments and supporting documents to confirm that the seller has the legal authority to transfer ownership and that no undisclosed claims exist against the property. ### Examining Mortgage And Lien Issues Before closing, we review any existing mortgages, home equity loans, tax liens, mechanic’s liens, or court judgments affecting the property. Unresolved liens can create significant problems after closing if they are not properly addressed. The Illinois Mortgage Foreclosure Law, [735 ILCS 5/15-1101 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000), governs foreclosure-related matters and establishes procedures concerning mortgage interests in real property. Reviewing mortgage records helps ensure that outstanding obligations are properly satisfied and released during the transaction. ### Evaluating The Purchase Agreement The purchase agreement serves as the foundation of the real estate transaction. We carefully review contract provisions relating to financing contingencies, inspection rights, closing deadlines, repair obligations, title requirements, and other important terms. A thorough contract review helps identify potential disputes before closing and allows the parties to address concerns while there is still time to resolve them. ### Reviewing Closing Documents Closing documents often include the deed, settlement statement, loan documents, affidavits, disclosures, and title insurance materials. We review these documents to confirm that they accurately reflect the terms of the transaction. Errors in closing documents can create ownership disputes, financial obligations, or title problems that may not become apparent until years later. Careful review helps reduce these risks. ### Addressing Potential Foreclosure Concerns For buyers and sellers dealing with financial difficulties, foreclosure-related issues may affect the transaction. We review whether foreclosure proceedings have been initiated, whether redemption rights may exist, and whether any pending litigation could affect the transfer of ownership. Identifying these concerns before closing can help prevent costly surprises and allow the parties to make informed decisions regarding the transaction. ## Illinois Real Estate Closing FAQs ### What Does A Real Estate Lawyer Do Before Closing? A real estate lawyer reviews contracts, title records, mortgages, liens, disclosures, loan documents, and other legal paperwork associated with the transaction. The goal is to identify potential legal issues before ownership transfers and help ensure the closing proceeds according to Illinois law. ### Why Is A Title Search Important? A title search helps determine whether the seller has clear ownership rights and whether any liens, judgments, easements, or other encumbrances affect the property. Problems discovered during a title search can often be resolved before closing, preventing future disputes. ### Can A Real Estate Transaction Close If There Is A Lien On The Property? In many cases, yes, provided the lien is properly addressed at closing. Outstanding liens are often paid from closing proceeds so that clear title can be transferred to the buyer. Each situation depends on the nature and amount of the lien. ### What Happens If Errors Are Found In Closing Documents? Errors should be corrected before the transaction is finalized. Even small mistakes involving legal descriptions, names, financial figures, or ownership interests can create complications later. Reviewing documents carefully before signing helps reduce these risks. ### Why Should A Buyer Be Concerned About Prior Foreclosure Activity? Prior foreclosure activity may affect title issues, redemption rights, court proceedings, or other legal matters related to the property. Reviewing the property’s foreclosure history can help identify concerns that require additional investigation before closing. ### Is Title Insurance Necessary? Title insurance provides protection against certain title defects that may not be discovered during the title search process. Many lenders require title insurance, and buyers often purchase an owner’s policy to help protect their ownership interest. ### What Documents Should Buyers Bring To Their Attorney? Buyers should provide the purchase agreement, title commitment, loan documents, inspection reports, disclosures, correspondence related to the transaction, and any other documents received from the seller, lender, or title company. ### Can A Real Estate Lawyer Help Prevent Future Legal Problems? Yes. Careful review of contracts, title records, liens, disclosures, and closing documents can help identify issues before the transaction is completed. Addressing concerns early often reduces the likelihood of future disputes and litigation. ## Schedule A Consultation With Covert Marrero Covert LLP Real estate transactions involve important legal and financial considerations that deserve careful attention. At Covert Marrero Covert LLP, we assist buyers, sellers, property owners, and investors with real estate matters throughout Illinois. Our legal team works to identify potential issues before closing and helps clients protect their interests at every stage of the transaction. If you are buying, selling, or refinancing real estate and have questions about the closing process, contact our [Illinois real estate attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Our offices are located in Warrenville, Schaumburg, Naperville, and Joliet, Illinois. We proudly serve clients throughout the entire Chicagoland metropolitan area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** What A Real Estate Lawyer Reviews Before Closing --- ### [Financial Mistakes To Avoid Before A Divorce](https://www.covertlegal.com/financial-mistakes-to-avoid-before-a-divorce/) **Published:** July 7, 2026 **Author:** Brian Covert **Content:** Divorce can affect nearly every aspect of your financial life. Decisions made before a divorce is filed often have long-term consequences that may impact property division, support obligations, and your overall financial stability. Many people in [Warrenville](https://www.warrenville.il.us/) understandably focus on the emotional side of ending a marriage, but financial planning is equally important. Taking the wrong actions before a divorce begins can create unnecessary complications and may even harm your position during the legal process. We regularly help clients identify potential financial risks and avoid mistakes that can affect the outcome of their cases. Illinois courts divide marital property under the Illinois Marriage and Dissolution of Marriage Act, specifically [750 ILCS 5/503](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K503.htm). Illinois follows the principle of equitable distribution, meaning marital property is divided fairly rather than automatically divided equally. Because courts examine financial circumstances carefully, it is important to make informed decisions before initiating a divorce proceeding. # Do Not Hide Or Transfer Assets One of the most damaging mistakes a spouse can make is attempting to hide assets or transfer property to friends, family members, or third parties before a divorce. Some people mistakenly believe moving money or property will prevent it from being considered during the divorce process. In reality, courts take a very negative view of these actions. Illinois courts have broad authority to address dissipation of marital assets and improper transfers. Financial misconduct may damage credibility and result in unfavorable court rulings. Transparency is generally the best approach when financial issues are being evaluated. ### Avoid Major Financial Decisions Many people are tempted to make significant purchases or financial changes before filing for divorce. Buying a new vehicle, liquidating investment accounts, taking on additional debt, or withdrawing large amounts of cash may create unnecessary complications. These actions can affect the valuation of marital assets and may raise questions regarding financial intent. Maintaining the status quo whenever possible often helps reduce disputes and allows for a more accurate assessment of the marital estate. ### Gather Financial Documents Early One of the most important steps you can take before filing for divorce is gathering financial information. Accurate records help establish a clear understanding of the marital estate and may reduce future disputes. Important documents often include: - Tax Returns - Bank Statements - Retirement Account Statements - Investment Records - Mortgage Documents - Business Records - Credit Card Statements - Loan Documents Having organized records can make the divorce process more efficient and help your legal team evaluate important financial issues. ### Be Careful With Joint Accounts Joint bank accounts and credit accounts often become areas of concern during divorce. While it may be appropriate to protect your financial interests, drastic actions such as emptying accounts without legal guidance can create additional conflict. Each situation is different. Before making significant changes to joint accounts, it is often wise to obtain legal advice regarding the potential consequences. ### Understand The Impact Of Debt Property division involves not only assets but also liabilities. Marital debts may include mortgages, credit cards, personal loans, business obligations, and other financial responsibilities. Illinois courts consider numerous factors when allocating marital debts under [750 ILCS 5/503](https://www.ilga.gov/Documents/legislation/ilcs/documents/075000050K503.htm). Understanding your current financial obligations before filing can help you prepare for future negotiations and court proceedings. ### Do Not Rely On Informal Agreements Some spouses attempt to resolve financial issues through verbal agreements before consulting legal counsel. While cooperation can be beneficial, informal agreements may create confusion later if expectations differ. Written documentation and legal guidance help ensure that financial arrangements are properly understood and enforceable when necessary. ## Protect Your Financial Future Through Preparation Divorce is often easier to manage when financial issues are addressed proactively. Careful preparation, accurate documentation, and sound legal advice can help reduce uncertainty and protect your interests throughout the process. # Illinois Divorce Mistake FAQs ### What Is The Biggest Financial Mistake People Make Before Divorce? One of the most common mistakes is attempting to hide or transfer assets. Courts often view these actions negatively and may impose consequences that affect property division. ### Should I Empty A Joint Bank Account Before Filing For Divorce? Not without first obtaining legal guidance. Removing large amounts of money from joint accounts may create disputes and could affect how the court views your actions. ### Why Is Gathering Financial Records Important? Financial records provide a clear picture of assets, debts, income, and expenses. They are often essential when evaluating property division, support issues, and financial claims. ### Can My Spouse Be Penalized For Hiding Assets? Potentially, yes. Illinois courts have authority to address financial misconduct and may consider improper actions when making decisions regarding property division. ### What Is Dissipation Of Marital Assets? Dissipation generally refers to the improper use of marital assets for purposes unrelated to the marriage during the breakdown of the relationship. Courts may consider dissipation claims under certain circumstances. ### Should I Make Large Purchases Before Filing For Divorce? In many situations, large purchases create additional complications. Significant financial transactions may affect property division and often receive close scrutiny during divorce proceedings. ### How Does Illinois Divide Marital Property? Illinois follows equitable distribution principles under 750 ILCS 5/503. Courts divide marital property fairly based on the facts and circumstances of each case. ### Is Debt Divided During Divorce? Yes. Marital debts are generally considered along with marital assets. Courts evaluate numerous factors when determining responsibility for financial obligations. # Schedule A Consultation With Our Warrenville Divorce Lawyers Today Financial decisions made before filing for divorce can have a lasting impact on your future. At Covert Marrero Covert LLP, we help clients understand their rights, evaluate financial concerns, and make informed decisions throughout the divorce process. Our legal team works to protect your interests while helping you prepare for the challenges ahead. If you are considering divorce and have questions about protecting your finances, call the [Warrenville divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP at [(630) 717-2783](tel:16307172783) for an [initial consultation](https://www.covertlegal.com/contact-us/). Our offices are located in Warrenville, Schaumburg, Naperville, and Joliet, Illinois. We proudly serve clients throughout the entire Chicagoland metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Lawyer **Tags:** Financial Mistakes To Avoid Before A Divorce --- ### [How Personality Differences Escalate During Pre-Divorce Conflict](https://www.covertlegal.com/how-personality-differences-escalate-during-pre-divorce-conflict/) **Published:** June 24, 2026 **Author:** Brian Covert **Content:** Personality differences are common in marriage, but they often become more pronounced when divorce is on the horizon. Minor disagreements can grow into ongoing conflict, especially if communication styles differ or trust has broken down. We often see one spouse being direct and confrontational while the other avoids conflict, which frustrates both people. As stress increases, decisions may become less careful. This stage can have a big effect on how a divorce case unfolds in Illinois. Knowing how these issues influence legal outcomes is important before moving forward. ## Communication Breakdowns And Legal Consequences When communication breaks down, people may act on impulse, which can have legal consequences. Illinois law ([750 ILCS 5/401](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm)) allows divorce for irreconcilable differences, but how spouses handle conflict before filing can affect the case. Hostile messages, social media posts, or recorded conversations might later be used as evidence. We encourage clients to communicate carefully, since anything said or written could be used to question parenting ability or credibility. Letting conflict escalate at this point can weaken your position before the case starts. ### Financial Conflict And Asset Protection Personality differences can show up in how couples handle money. Sometimes one spouse becomes controlling or secretive, while the other pulls back or makes decisions alone. Illinois courts divide marital property fairly under [750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k503.htm). Actions like hiding assets, making odd withdrawals, or taking on too much debt before divorce can influence how the court sees your financial behavior. We help clients spot risks early and keep good records. Taking careful, legal steps protects your finances and helps ensure a fair property division. ### Parenting Tensions And Child Focus When children are involved, personality clashes can quickly affect parenting choices. Illinois law puts the child’s best interests first when deciding parental responsibilities and parenting time. Arguments, mixed parenting styles, or involving children in adult disputes can hurt both the child and your case. Courts want parents to provide stability and work together. We guide clients to focus on the child and create a plan that meets these expectations. ### Managing Escalation Before Filing Pre-divorce conflict does not have to control how your case turns out. Being organized can lower risks and lead to better results in the long run. This means keeping records of your finances, avoiding unnecessary communication, and setting clear boundaries. It also helps to know how temporary support or possession orders might work once the case starts. Clients who prepare and stay disciplined are more likely to reach a stable outcome under Illinois law. ## Illinois Divorce Frequently Asked Questions ### How do personality differences affect divorce cases in Illinois? Personality differences can affect how a divorce case develops by changing how people communicate, cooperate, and make decisions. Illinois courts look at facts and legal rules, but your actions before divorce can still influence the outcome. For example, hostile or unpredictable behavior might be used to challenge your credibility or parenting skills. Under laws like 750 ILCS 5/602.5, the court checks if a parent can make choices that are best for the child. If personality clashes cause poor communication or more conflict, it can make negotiations harder and increase the chance of going to court. ### Can arguments before filing for divorce be used in court? Yes, what you say and do before filing for divorce can be used as evidence. Texts, emails, social media posts, and recorded conversations might be shown in court to support claims about your behavior, finances, or parenting. Courts look at all relevant evidence when judging credibility and decision-making. Even though the legal reason for divorce may be irreconcilable differences under 750 ILCS 5/401, your actions can still affect issues like parenting or property. It’s important to stay calm and communicate carefully during this time. ### What financial mistakes should be avoided during pre-divorce conflict? Common mistakes are hiding assets, making big unexplained withdrawals, or taking on new debt without a clear reason. The court reviews financial actions under 750 ILCS 5/503 when dividing property. If your actions seem dishonest or careless, it can affect how fair the court thinks the division is. It’s important to keep good records and avoid sudden changes in your finances. Getting legal advice early helps you make careful decisions that follow Illinois law. ### How can pre-divorce conflict affect child custody decisions? Pre-divorce conflict can affect how the court judges your parenting. Illinois law (750 ILCS 5/602.5 and 5/602.7) says the court must put the child’s best interests first. If a parent causes more conflict, disrupts stability, or brings the child into disputes, it can change how parenting duties are divided. Courts want parents who can work together and support their child’s well-being. Showing you are consistent and calm during this time can help your case. ### Is it better to wait before filing for divorce if the conflict is high? In some cases, taking time to prepare before filing can be beneficial. High-conflict situations often lead to rushed decisions that may not serve your long-term interests. Preparing financial documents, setting communication boundaries, and understanding your legal position can improve outcomes once the case begins. However, each situation is different. We evaluate timing based on the specific facts, including financial concerns and parenting issues, to determine the best course of action under Illinois law. ## Call Our Warrenville Divorce Attorney For A Free Consultation If pre-divorce conflict is getting worse and you are worried about how it could affect your case, we can help you take control. Covert Marrero Covert LLP serves clients in Warrenville, Schaumburg, Naperville, Joliet, and all of Chicagoland. Call our [Warrenville divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP at [(630) 717-2783](tel:16307172783) for an [initial consultation](https://www.covertlegal.com/contact-us/).. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Lawyer **Tags:** How Personality Differences Escalate In Pre-Divorce Conflict --- ### [Do I Need A Lawyer To Buy Or Sell A Home In Illinois?](https://www.covertlegal.com/do-i-need-a-lawyer-to-buy-or-sell-a-home-in-illinois/) **Published:** May 1, 2026 **Author:** Brian Covert **Content:** Buying or selling a home in Illinois is one of the most significant financial decisions most people will ever make. The process often involves contracts, disclosures, title issues, and deadlines that carry serious legal consequences. Many people believe a real estate agent alone is enough to complete the transaction. However, Illinois is different from many states because attorneys commonly play a central role in residential real estate closings. When foreclosure issues, distressed properties, or financial concerns are involved, legal guidance becomes even more important. Many homeowners and buyers are unaware of how foreclosure laws can affect a real estate transaction. Pending foreclosures, past defaults, or liens may delay or prevent closing. Illinois foreclosure laws create rights and obligations for both buyers and sellers. Understanding these laws helps prevent costly mistakes and reduces risk. ## How Illinois Foreclosure Laws Affect Buyers And Sellers Illinois uses judicial foreclosure under the Illinois Mortgage Foreclosure Law, [735 ILCS 5/15-1101](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1101.htm), requiring lenders to file a lawsuit to foreclose. A property in foreclosure cannot be sold until its legal status is resolved. Buyers of such properties may encounter delays or complications. Sellers behind on mortgage payments face legal deadlines. Illinois law provides a reinstatement period under [735 ILCS 5/15-1602](https://ilga.gov/documents/legislation/ilcs/documents/073500050K15-1602.htm) for borrowers to bring loans current, and a redemption period under [735 ILCS 5/15-1603](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1603.htm) to pay off the balance before foreclosure is finalized. These timelines may impact the ability to sell. We help sellers assess whether a short sale or negotiated resolution is possible. These options require thorough legal review to ensure compliance with foreclosure laws and lender requirements. ## Legal Issues That May Arise During A Home Purchase Or Sale Real estate transactions may involve legal issues beyond foreclosure, such as title defects, liens, unpaid taxes, or judgment creditors. Illinois law requires a clear title for property transfer, so any liens must be resolved before closing. Buyers face risks when purchasing distressed or foreclosed properties. Properties sold as is place responsibility for conditions on the buyer. Without legal review, buyers may unknowingly assume significant financial risk. Contract review is essential. Illinois real estate contracts often include an attorney review period, during which attorneys can request changes, clarify contingencies, and address concerns. Legal review ensures the terms reflect both parties’ intentions and protect their interests. ## How A Lawyer Helps Protect Buyers And Sellers We assist clients by reviewing contracts, identifying title issues, and addressing foreclosure concerns. Our team communicates with lenders, negotiates payoffs, and ensures deadlines are met. This oversight helps prevent delays and disputes. Legal representation is especially valuable in cases of financial distress or foreclosure. Illinois foreclosure laws impose strict timelines and procedures. Missing deadlines can limit options, so early legal involvement offers more opportunities for resolution. Working with an attorney ensures compliance with disclosure and closing requirements, reducing the risk of post-closing disputes. ## When Legal Representation Is Especially Important Certain situations require increased legal guidance, such as short sales, foreclosure filings, inherited properties, divorce-related sales, and distressed property purchases. Each may involve additional legal requirements. We help clients understand their rights and options to make informed decisions. Legal guidance reduces uncertainty and protects financial interests for both buyers and sellers. ## Illinois Real Estate FAQs ### Do I Need A Lawyer To Buy A Home In Illinois? Illinois does not require an attorney for residential real estate transactions, but attorneys commonly handle contract review and closing. Legal guidance helps identify risks and protect financial interests. This is especially important when foreclosure or title issues are present. ### What Happens If The Property Is In Foreclosure? If a property is in foreclosure, the transaction may be delayed or require lender approval. Illinois foreclosure law under 735 ILCS 5/15-1101 et seq. governs these cases. Buyers and sellers should review the legal status before proceeding. ### Can I Sell My Home If I Am Behind On Mortgage Payments? Yes, but the process may involve lender approval or a short sale. Illinois law provides reinstatement and redemption rights under 735 ILCS 5/15-1602 and 735 ILCS 5/15-1603. These timelines may affect the sale. ### What Is Attorney Review In Illinois Real Estate Contracts? Attorney review allows attorneys to propose changes to the contract. This period typically occurs shortly after signing. Legal review helps protect both parties. ### What Is A Short Sale? A short sale occurs when the lender agrees to accept less than the amount owed. Legal guidance helps ensure compliance with lender requirements. ### Can I Buy A Foreclosed Property Safely? Yes, but buyers should conduct due diligence. Foreclosed properties may involve title issues, repairs, or occupancy concerns. ### What Happens If There Are Liens On The Property? Liens must usually be resolved before closing. Legal review helps identify and address these issues. ### How Can A Lawyer Help At Closing? Attorneys review documents, confirm title, and ensure legal compliance. This helps prevent disputes after closing. ## Call Our Illinois Real Estate Attorneys For A Consultation Buying or selling a home in Illinois can involve complex legal issues, especially when foreclosure concerns arise. Covert Marrero Covert LLP provides experienced guidance to buyers and sellers throughout the Chicagoland area. Our legal team helps clients understand their rights, resolve foreclosure issues, and complete transactions with confidence. Contact our [Illinois real estate law attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). With offices in [Warrenville](https://warrenville.il.us/), Schaumburg, Naperville, and Joliet, the firm serves clients throughout the entire Chicagoland metro area. A consultation can help you protect your interests and move forward with confidence. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** Do I Need A Lawyer To Buy Or Sell A Home In Illinois?, Illinois real estate law attorneys --- ### [Title Issues That Can Kill A Real Estate Deal In Illinois](https://www.covertlegal.com/title-issues-that-can-kill-a-real-estate-deal-in-illinois/) **Published:** April 6, 2026 **Author:** Brian Covert **Content:** A real estate transaction in Illinois may proceed smoothly until a title issue arises. Even with financing secured and closing preparations underway, a title commitment can reveal a defect that jeopardizes the deal. Title issues are significant, as they impact legal ownership, marketability, and insurability. We advise clients to identify and address title problems early to prevent delays or failed closings. Illinois law requires that a seller convey a marketable title unless the contract states otherwise. A marketable title means ownership free from reasonable doubt and substantial defects. If a defect exposes a buyer to litigation or loss, a purchaser may have the right to refuse closing. The Illinois Conveyances Act, [765 ILCS 5/1](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2137&ChapterID=62), governs the transfer of real property and sets standards for valid deeds. When a deed is improperly executed or recorded, ownership questions can arise. ## Unreleased Mortgages And Liens One of the most common title defects involves unreleased mortgages or liens. Under 765 ILCS 905/2, a mortgage must be released of record upon satisfaction. If a lender fails to record a release, the title search may still show an open lien. This can prevent the issuance of title insurance and delay closing. Mechanics liens under the Illinois Mechanics Lien Act, [770 ILCS 60/1](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2254&ChapterID=63&Print=True), present another risk. Contractors and subcontractors may file liens for unpaid work. Even if a seller disputes the claim, the lien clouds the title until it is resolved or bonded off. ## Judgment Liens And Pending Litigation Judgment liens can attach to real estate owned by a debtor. Under [735 ILCS 5/12-101](https://ilga.gov/documents/legislation/ilcs/documents/073500050K12-101.htm), a recorded judgment becomes a lien on the debtor’s real property in that county. Buyers acquiring property subject to a judgment lien may inherit serious legal exposure. Pending litigation involving the property can also derail a deal. A “Lis Pendens” filed under [735 ILCS 5/2-1901](https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K2-1901.htm) provides notice of a lawsuit affecting title. Title companies typically refuse to insure over active litigation. ## Boundary And Survey Disputes Boundary disputes can create uncertainty about what is being conveyed. An inaccurate legal description or encroachment revealed by a survey can lead to objections. Under [765 ILCS 5/9](https://www.ilga.gov/documents/legislation/ilcs/documents/076500050K9.htm), deeds must contain sufficient legal descriptions to identify the property. Errors in prior deeds may require corrective instruments. Encroachments, including fences, driveways, or structures crossing lot lines, can raise lender concerns. Unresolved, these issues may lead buyers to withdraw or seek price reductions. ## Probate And Heirship Complications When property is transferred through inheritance, title depends on proper probate procedures. The [Illinois Probate Act](https://ilga.gov/legislation/ILCS/details?MajorTopic=RIGHTS%20AND%20REMEDIES&Chapter=ESTATES&ActName=Probate%20Act%20of%201975.&ActID=2104&ChapterID=60&ChapAct=755+ILCS+5%2F&SeqStart=14300000&SeqEnd=17850000) governs the administration of estates. If an estate was never opened or heirs were not properly identified, the title may be incomplete. Affidavits of heirship can clarify ownership in some cases, but formal probate is often necessary. Without a clear chain of title, transactions may be indefinitely delayed. ## Marketable Title Frequently Asked Questions ### What Is A Marketable Title In Illinois? Marketable title refers to ownership free from reasonable doubt and substantial defects. A buyer should not be forced to accept a title that exposes the property to litigation or serious claims. Illinois courts have long recognized that sellers must provide a marketable title unless the contract states otherwise. If a defect materially affects value or use, a buyer may object before closing. ### Can A Sale Close If There Is An Open Mortgage On The Record? An open mortgage typically must be paid and released before or at closing. Under 765 ILCS 905/2, lenders must provide a release once the debt is satisfied. If the release is not recorded, escrow arrangements may be required to ensure payoff and proper documentation. ### How Do Mechanics’ Liens Affect A Real Estate Deal? A mechanics lien recorded under 770 ILCS 60/1 clouds title and may prevent title insurance from being issued. Buyers and lenders typically require resolution before closing. The lien can be bonded off or settled, but it must be addressed. ### What Happens If A Deed Was Improperly Executed? A deed must meet statutory requirements under 765 ILCS 5/1 and 765 ILCS 5/20, including proper acknowledgment. If execution defects exist, a corrective deed or court action may be necessary. Without correction, title insurance may be denied. ### Can Title Insurance Protect Against All Defects? Title insurance covers specific risks, such as undisclosed liens or recording errors, but does not resolve defects. Policy exceptions may limit coverage. Careful review of the title commitment is essential before closing. ## Protect The Transaction With Covert Marrero Covert LLP We collaborate with title companies to review commitments, identify objections, and take corrective action. Early review of title documents reduces risk. Solutions may include corrective deeds, lien releases, probate filings, or quiet title actions. Covert Marrero Covert LLP Title defects can disrupt even well-planned transactions. We assist buyers, sellers, and investors in resolving title disputes and protecting property rights. For assistance with title review and resolving real estate title disputes, contact our [Illinois real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Offices in Warrenville, Schaumburg, Naperville, and Joliet serve clients across the Chicagoland metro. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [What Can Go Wrong After A Real Estate Closing In Illinois?](https://www.covertlegal.com/what-can-go-wrong-after-a-real-estate-closing-in-illinois/) **Published:** March 2, 2026 **Author:** Brian Covert **Content:** A real estate closing is often viewed as the finish line. Documents are signed, funds are transferred, and ownership changes hands. Many Illinois homeowners assume that once the closing is complete, the legal risks are behind them. Unfortunately, that assumption can be costly. We regularly represent clients who encounter serious problems after a closing that place their home, finances, or title at risk. Post-closing issues can arise from documentation errors, undisclosed liens, servicing mistakes, or failures to comply with Illinois foreclosure law. These problems often surface months or even years later, usually when a homeowner attempts to refinance, sell, or resolve a payment dispute. Under the Illinois Mortgage Foreclosure Law, codified at [735 ILCS 5/15-1101 et seq.](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1101.htm), lenders must strictly follow statutory requirements before enforcing mortgage rights. When errors occur after closing, those requirements become critically important. Understanding what can go wrong after a real estate closing helps homeowners identify warning signs early and protect their rights before a foreclosure action begins. ## Title Defects And Undisclosed Liens One of the most common post-closing problems involves title defects. Even with title insurance, errors can occur. Undisclosed liens, unpaid property taxes, contractor claims, or recording mistakes may remain attached to the property. When these issues surface, homeowners may face collection efforts or legal disputes they never anticipated. If a lender later initiates foreclosure, title defects can complicate the process and delay resolution. Illinois courts require lenders to establish a valid lien and chain of title under [735 ILCS 5/15-1504](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1504.htm). Defects can provide important defenses when foreclosure proceedings are improperly filed. ## Loan Servicing Errors After Closing Loan servicing problems frequently begin shortly after closing. Payments may be misapplied, escrow accounts mishandled, or insurance premiums paid incorrectly. These errors can lead to false default notices and inflated balances. Under Illinois foreclosure law, a lender must provide accurate default notices and cure amounts before filing suit, as required by [735 ILCS 5/15-1502.5](https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Code%20of%20Civil%20Procedure.&ActID=2017&ChapterID=56&ChapAct=735+ILCS+5%2F&SeqStart=113600000&SeqEnd=116500000). When servicers make mistakes, homeowners may be placed in foreclosure despite being current or only minimally delinquent. Identifying these errors early can be critical to stopping or defending against foreclosure. ## Failure To Properly Record Documents Recording errors can also cause significant legal trouble. Mortgages, assignments, and releases must be properly recorded to be enforceable. If documents are missing or incorrectly filed, ownership of the loan may be unclear. Illinois foreclosure cases require proof that the plaintiff has standing to foreclose. Under [735 ILCS 5/15-1504(a)(3)](https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K15-1504.htm), the lender must demonstrate it holds the mortgage and note. Improper recording can undermine that claim and create leverage for homeowners facing foreclosure. ## Post-Closing Disputes That Lead To Foreclosure Many foreclosure cases begin with disputes that started long before any lawsuit was filed. Disagreements over payment history, loan modifications, or escrow balances often escalate. When communication breaks down, lenders may proceed toward foreclosure without resolving underlying errors. Illinois law provides homeowners with rights throughout the foreclosure process, including reinstatement and redemption periods. Post-closing problems frequently determine whether those rights can be effectively exercised. ## Frequently Asked Questions About Problems After A Real Estate Closing In Illinois ### What Are Common Problems Homeowners Face After Closing? Homeowners often encounter title defects, servicing errors, escrow miscalculations, and recording issues. These problems may not appear immediately, but can trigger serious consequences when payments are disputed or foreclosure is threatened. ### Can A Foreclosure Be Filed Because Of A Servicing Error? Yes. Servicing errors can result in false defaults and improper foreclosure filings. Illinois law requires lenders to provide accurate notices and comply with statutory procedures. Errors may form the basis of a foreclosure defense. ### What If I Discover A Lien After I Bought The Property? Undisclosed liens can sometimes be resolved through title insurance claims. However, they can also affect foreclosure proceedings if the lender’s lien priority is unclear. Legal review is often necessary to protect ownership rights. ### Do Recording Errors Matter In Illinois Foreclosure Cases? Yes. Proper recording is essential. If assignments or mortgages were not correctly recorded, the party filing for foreclosure may lack standing. Courts require strict compliance with statutory pleading requirements. ### How Long Do I Have To Fix A Default Before Foreclosure? Illinois law provides a reinstatement period allowing homeowners to cure defaults before judgment under 735 ILCS 5/15-1602. Additional redemption rights may apply after judgment, depending on the circumstances. ### Can Post-Closing Issues Help Stop A Foreclosure? In many cases, yes. Documentation errors, notice violations, and servicing mistakes can delay or defeat foreclosure actions. Each situation depends on the specific facts and compliance with Illinois law. ## Call Covert Marrero Covert For Quality Representation Problems after a real estate closing can quickly escalate into foreclosure if they are not addressed early. Understanding your rights under Illinois foreclosure law can make a meaningful difference in protecting your home. Covert Marrero Covert LLP represents homeowners facing foreclosure-related disputes and post-closing legal issues. Contact our [Illinois real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). The firm has offices in Warrenville, Schaumburg, Naperville, and Joliet, Illinois, and serves clients throughout the entire Chicagoland metro. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [The Role Of A Pour-Over Will In Your Illinois Estate Plan](https://www.covertlegal.com/the-role-of-a-pour-over-will-in-your-illinois-estate-plan/) **Published:** February 3, 2026 **Author:** Brian Covert **Content:** A well-prepared Illinois estate plan often includes several coordinated documents that work together. Many families use both a living trust and a will to manage property during life and transfer it at death. A pour-over will plays a key supporting role in this structure. It acts as a safety net when assets are not titled in the trust at the time of death. By understanding how a pour-over will functions under Illinois law, families can reduce uncertainty, protect loved ones, and promote a smoother transition of property. Careful planning helps ensure that wishes are honored even when assets change over time or paperwork is incomplete. A pour-over will directs that any property remaining in the decedent’s name at death be transferred into an existing trust. This trust is typically a revocable living trust created during life under the Illinois Trust Code, [760 ILCS 3/](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=4001&ChapterID=61&Chapter=TRUSTS%20AND%20FIDUCIARIES&MajorTopic=RIGHTS%20AND%20REMEDIES). Once assets “pour over” into the trust, they are administered according to the trust terms. Illinois recognizes this arrangement through statutes such as the Uniform Testamentary Additions to Trusts Act, [760 ILCS 15/](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2119&ChapterID=61), which authorizes wills that transfer property to trusts created before or at the same time as the will. ## How A Pour-Over Will Works With A Revocable Living Trust A revocable living trust allows the creator to manage property during life and appoint a successor trustee to manage it after death or incapacity. However, not every asset is always retitled into the trust during life. A pour-over will works with the trust by catching those remaining assets and moving them into the trust at death. The will itself is still subject to the Illinois Probate Act, [755 ILCS 5/](https://law.justia.com/codes/illinois/chapter-755/act-755-ilcs-5/). Property controlled by the pour-over will may pass through probate before being transferred to the trust, depending on the nature and value of the assets. Once transferred, trust administration rather than probate rules will then govern distribution. ## Protecting Intent And Reducing Fragmentation Of Assets Without a pour-over will, assets that are not in the trust at death might pass under intestacy rules found in [755 ILCS 5/2-1](https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K2-1.htm), which may not match personal intentions. A pour-over will helps avoid a split result where some property follows trust terms while other property follows statutory default rules. By moving residual assets into the trust, distributions remain consistent with the overall plan. ## Practical Benefits For Families A coordinated pour-over will and trust arrangement offers several practical benefits: - Promotes consistency in distributions - Reduces the risk of unintended heirs receiving property under intestacy laws - Supports privacy once assets reach the trust - Helps with contingency planning when assets are acquired late in life We counsel clients that a pour-over will is not a substitute for funding a trust during life, but rather an important backup. Proper retitling of major assets and beneficiary designations remains essential. ## Illinois Pour-Over Will Frequently Asked Questions ### What Is A Pour-Over Will? A pour-over will is a will that directs any remaining property owned at death to be transferred into a trust, usually a revocable living trust created during life. After the transfer, the trust terms control how the property is managed and distributed. This helps keep the entire estate plan coordinated, even when some assets were not previously titled into the trust. ### Does A Pour-Over Will Avoid Probate In Illinois? A pour-over will itself does not automatically avoid probate. Assets controlled solely by the will may still pass through the probate process under the Probate Act before being transferred to the trust. Whether probate is required depends on the type and value of assets and titling. Once inside the trust, distributions occur according to trust administration rather than probate court supervision. ### Why Would I Need Both A Living Trust And A Pour-Over Will? Both documents serve different but connected purposes. A living trust holds and manages assets during life and after death. A pour-over will serves as a safety device that moves leftover assets into that trust at death. Without the pour-over will, property left outside the trust could pass under intestacy laws rather than trust instructions, which may conflict with personal goals. ### What Happens If I Forget To Title Assets Into My Trust? If assets remain in a personal name at death and there is a valid pour-over will, those assets can be transferred into the trust according to the will. This may involve probate depending on the asset type. If there is no pour-over will, those assets may pass according to intestate succession rules instead of the trust, which can change who ultimately receives them. ### Is A Pour-Over Will Valid If My Trust Is Amended Later? Yes. Illinois law under 760 ILCS 15/ recognizes that a will may transfer property into a trust even if that trust is later amended. The property will be administered according to the trust terms in effect at the time of administration. This allows families to update trusts during life without needing to rewrite the will each time the trust is adjusted. ### Can A Pour-Over Will Name Guardians For Minor Children? Yes. Even when a trust manages property, guardianship appointments for minor children are commonly included in a will. A pour-over will can perform both functions at once by addressing guardianship while also transferring property into the trust for management on behalf of beneficiaries. ### Is A Pour-Over Will Still Needed If All Assets Are Already In The Trust? We recommend still having a pour-over will. Life changes, newly acquired assets, or overlooked property can exist at death. The pour-over will captures those assets and brings them back into the trust so the full plan remains consistent. It acts as a final layer of protection rather than a replacement for proper trust funding. ## Call Covert Marrero Covert LLP For Help With Illinois Estate Planning A pour-over will can play a central role in a complete Illinois estate plan when paired with a revocable living trust. Our team helps families understand how wills, trusts, and beneficiary designations work together under Illinois law and how to structure documents that reflect real goals. For guidance with pour-over wills, trusts, and full estate plans, contact our [Illinois divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Offices are located in Warrenville, Schaumburg, Naperville, and Joliet, Illinois, and the firm serves injury victims throughout the entire Chicagoland metro. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Estate Planning --- ### [Common Legal Issues That Can Delay A Real Estate Closing In Illinois](https://www.covertlegal.com/common-legal-issues-that-can-delay-a-real-estate-closing-in-illinois/) **Published:** January 6, 2026 **Author:** Brian Covert **Content:** Real estate closings in Illinois can be smooth when all parties prepare in advance, but many buyers and sellers discover that unexpected legal issues can slow the process. As Illinois foreclosure defense attorneys, we regularly assist clients who face complex title problems, outstanding liens, and unresolved foreclosure activity. These issues often surface late in the transaction and create stress for both sides. Illinois law has specific requirements that must be completed before a property can transfer hands, and failure to meet these obligations can delay or even stop a closing. Understanding these concerns early helps protect your interests and keeps your transaction moving forward. ## Title Defects And Unclear Ownership One of the most common reasons for closing delays is a title defect. These issues include unresolved liens, unpaid taxes, old mortgages, boundary disputes, and errors in past deeds. Under the [Illinois Mortgage Foreclosure Law](https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K15-1504.htm), any interest affecting the property must be properly recorded and accounted for before transfer. If a foreclosure was filed in the past, even if dismissed, the title company may require final documentation to confirm ownership. We help clients review title commitments, obtain corrective documents, and clear defects so the closing does not stall. ## Active Or Pending Foreclosure Activity Properties that have been involved in foreclosure require careful review. If a foreclosure case is active or recently disposed of, it may appear on the title report and trigger additional review by buyers, lenders, or the title company. Under [735 ILCS 5/15-1506](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K15-1506.htm), foreclosure judgments and sales must meet specific statutory requirements before an owner regains full control or attempts to sell the home. If the record does not reflect proper completion of the foreclosure process, buyers often hesitate and lenders decline funding. Our team works to confirm whether redemption periods have expired, whether the foreclosure case was dismissed, and whether proper releases were recorded so the closing can proceed. ## Unpaid Liens, Taxes, Or Assessments Outstanding financial obligations are another major cause of closing delays. Illinois properties may have unpaid homeowner association dues, municipal fines, water bills, or county taxes attached to the property. Under 735 ILCS 5/15-1301, liens may survive foreclosure if not properly addressed. Buyers typically require all liens to be cleared or negotiated before closing. We assist clients by resolving these debts, securing payoff statements, and ensuring all amounts are satisfied before closing day. ## Contract Issues And Financing Problems Even when title issues are resolved, contract disagreements can slow a closing. Disputes over repairs, inspection results, or contract deadlines often require attorney involvement. Financing issues can also delay the transaction. Lenders require clear title, updated financial records, and complete documentation before approving the loan. When foreclosure history is involved, lenders may request additional verification to confirm the property is free of legal claims. Our role includes reviewing contracts, communicating with lenders, and addressing legal problems that appear during the underwriting process. ## Real Estate Closing Frequently Asked Questions ### What Legal Issues Cause The Most Delays During An Illinois Closing? Title defects, unpaid liens, unresolved foreclosure filings, and missing documents are the most common causes of delays. Title companies must confirm that the seller owns the property free of legal claims. If anything in the report conflicts with public records, the closing pauses until the issue is fixed. Clients with past foreclosure activity often face added review, which is why it is important to gather documentation early. ### How Does Foreclosure History Affect A Real Estate Sale In Illinois? A prior or active foreclosure often triggers added scrutiny because it may affect clear ownership. Under 735 ILCS 5/15-1506, the foreclosure process must be completed properly before an owner can give clear title to a buyer. If redemption periods are still open or if final orders are missing, a buyer may not feel comfortable moving forward. We help confirm the status of the foreclosure and ensure all required documents are recorded. ### Can Unpaid Taxes Or Liens Stop My Closing? Yes. Unpaid liens, tax bills, municipal fines, or association fees must be addressed before a property changes hands. These obligations follow the property, not the owner, so buyers usually refuse to close until they are cleared. Under Illinois law, certain liens may even survive foreclosure. We obtain payoff statements, negotiate when needed, and confirm payments have been recorded so closing can proceed without delay. ### Why Do Lenders Require Additional Steps For Properties With Foreclosure History? Lenders want assurance that their loan will be secured against a property with no competing claims. If the home was previously involved in foreclosure, lenders must confirm that all required steps were completed under Illinois statutes. Missing court orders or incomplete foreclosure records can slow the loan approval process. We work directly with lenders to supply what they need, so financing is not denied or delayed. ### How Can An Attorney Help Keep The Closing On Track? We monitor title, contract deadlines, lender requests, and foreclosure history to resolve issues early. Buyers and sellers often do not realize how many requirements must be met before closing. An experienced attorney ensures compliance with Illinois law, communicates with all parties, and reduces the risk of last-minute problems. Our involvement often shortens delays and protects clients from costly mistakes. ## Call To Action To Schedule A Consultation Today With Covert Marrero Covert LLP If you are selling or buying property in Illinois and want to avoid delays caused by title issues, liens, or foreclosure concerns, our legal team at Covert Marrero Covert LLP is ready to help. We have extensive experience clearing legal obstacles that can slow or stop a real estate closing, and we work to protect your interests at every stage of the transaction. Contact our [Illinois real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Our offices in Warrenville, Schaumburg, Naperville, and Joliet serve clients throughout the entire Chicagoland metro. Let us help you resolve closing issues early and move forward with confidence. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Trusts And Estate Planning Mistakes To Avoid During High Net Worth Divorces In Illinois](https://www.covertlegal.com/trusts-and-estate-planning-mistakes-to-avoid-during-high-net-worth-divorces-in-illinois/) **Published:** December 2, 2025 **Author:** Brian Covert **Content:** Divorce is complex under any circumstances, but when significant assets, trusts, and estate plans are involved, the stakes are much higher. At Covert Marrero Covert LLP, we have seen how even the most financially savvy individuals can make costly mistakes when dividing marital property or updating estate plans. In Illinois, issues such as ownership classification, beneficiary designations, and the treatment of trust assets must be handled carefully to ensure compliance with state law and to protect long-term financial interests. A well-structured approach to both divorce and estate planning helps prevent unintended consequences that could affect children, business interests, or family wealth for years to come. ## How Illinois Law Treats Trusts And Marital Property Under [750 ILCS 5/503](https://codes.findlaw.com/il/chapter-750-families/il-st-sect-750-5-503/), Illinois law distinguishes between *marital property* and *non-marital property.* Assets placed in an irrevocable trust before marriage are typically considered non-marital, while those funded during marriage may be treated as marital assets subject to equitable distribution. One common mistake we see is when a spouse assumes that because an asset is held in a trust, it is automatically excluded from divorce proceedings. Courts can and do examine the timing, source of funds, and control of the trust to determine whether it should be included in the marital estate. Failing to provide full financial disclosure of trust interests can also raise legal concerns. Under Illinois law, both parties must disclose all financial holdings during divorce proceedings. Omitting or undervaluing trust assets may lead to serious legal penalties or reopen a finalized divorce judgment. ## Updating Your Estate Plan After A Divorce Once a divorce is finalized, many individuals forget to update their estate planning documents, leading to unintended outcomes. Under [755 ILCS 5/4-7(b)](https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K4-7.htm), any provision in a will that benefits a former spouse is automatically revoked after divorce. However, the same automatic revocation does not apply to other instruments such as living trusts, payable-on-death accounts, or life insurance policies. If these are not updated, an ex-spouse may still remain a named beneficiary. We advise clients to conduct a full estate review before and after the divorce process. This includes updating wills, trusts, healthcare directives, and powers of attorney to reflect new circumstances. Failing to coordinate these updates with the division of marital property can create conflicts between your divorce decree and estate documents. ## Mismanaging Business Or Investment Assets Held In Trusts High-net-worth individuals often use trusts to manage business assets, real estate, or investment portfolios. A common pitfall is assuming that corporate or trust structures automatically shield assets from division. Illinois courts can look beyond formal ownership to determine equitable interests. For example, if marital funds were used to grow a business held in a revocable trust, part of that value may still be considered marital property. We often collaborate with financial professionals and forensic accountants to trace the origin of trust assets. By establishing a clear financial record, we can help ensure that clients receive fair treatment while protecting legitimate non-marital holdings. ## The Importance Of Coordinating Legal And Financial Strategies During high net worth divorces, decisions regarding asset division, taxes, and estate planning are deeply interconnected. Poor communication between advisors can lead to conflicting outcomes or tax inefficiencies. Coordinating with both divorce and estate planning counsel ensures a consistent approach that preserves financial stability and aligns with long-term goals. At Covert Marrero Covert LLP, we encourage clients to treat their divorce as part of a broader financial restructuring. By integrating estate planning with property division, clients can minimize future disputes and safeguard their family’s financial well-being. ## Frequently Asked Questions About Trusts And Estate Planning During Divorce ### What Happens To A Trust Created Before Marriage During Divorce? In Illinois, assets placed in an irrevocable trust before marriage are typically classified as non-marital property under 750 ILCS 5/503(a). However, if the trust was modified or funded during the marriage with marital funds, some or all of its assets could be subject to division. Courts evaluate whether either spouse contributed to the trust or benefited from it during the marriage. ### Should I Change My Will And Power Of Attorney After A Divorce? Yes. Under 755 ILCS 5/4-7(b), provisions in a will benefiting a former spouse are automatically revoked, but similar changes do not apply to trusts or beneficiary designations. You should update your entire estate plan — including living trusts, life insurance, and healthcare directives — to reflect your new circumstances. Doing so ensures your wishes are honored and avoids legal conflicts later. ### Can Business Interests Held In A Trust Be Divided In Divorce? Yes, depending on how and when the trust was funded. If a trust contains business interests acquired or expanded with marital assets, Illinois courts may consider part of its value marital property. Even when ownership is structured through a trust, the court can examine whether one spouse indirectly benefited from or contributed to the growth of those assets. ### What If My Spouse Hides Assets In A Trust During Divorce? Illinois law requires full financial disclosure. If one spouse attempts to conceal assets in a trust, the court can impose sanctions, reopen settlements, or award additional compensation to the other spouse. It is critical to have an attorney review all trust documents and related financial records to ensure transparency. ### How Does A Trust Affect Child Or Spousal Support Calculations? Trust income and distributions may be considered when determining a spouse’s income for child or spousal support under 750 ILCS 5/505 and 5/504. Courts may review whether funds are regularly accessible or discretionary. Understanding the nature of the trust and the beneficiary’s control over distributions is essential to accurately calculating support. ## Call Covert Marrero Covert LLP For a Confidential Consultation At Covert Marrero Covert LLP, we understand that high-net-worth divorces require more than legal representation — they demand strategic coordination between divorce and estate planning. Our attorneys help clients protect wealth, preserve family legacies, and prevent future disputes. If you are facing a divorce involving complex trusts or estate matters, contact Covert Marrero Covert LLP. Contact our [Illinois divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Our offices in Warrenville, Schaumburg, Naperville, and Joliet, Illinois, serve clients throughout Chicagoland with experienced representation and trusted guidance. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Estate Planning --- ### [How Landlords Can Protect Themselves With Strong Lease Agreements In Illinois](https://www.covertlegal.com/how-landlords-can-protect-themselves-with-strong-lease-agreements-in-illinois/) **Published:** November 4, 2025 **Author:** Brian Covert **Content:** As Illinois foreclosure defense attorneys, we understand that landlords face a wide range of financial risks, particularly when rental income is crucial for paying a mortgage. Strong lease agreements are one of the most effective tools landlords can use to safeguard their property and financial security. Without clear lease terms, disputes with tenants can escalate into missed payments, costly litigation, or even foreclosure proceedings. Under Illinois foreclosure law, the stability of rental income plays a crucial role in helping landlords stay current on their mortgage obligations. That is why a well-drafted lease is more than just paperwork, it is a layer of protection against both tenant defaults and potential foreclosure. Lease agreements in Illinois must comply with the Illinois Mortgage Foreclosure Law ([735 ILCS 5/15-1101 et seq.](https://law.justia.com/codes/illinois/chapter-735/act-735-ilcs-5/article-xv/)), which sets forth the process for foreclosure proceedings. When tenants default or fail to pay rent, landlords may struggle to make timely mortgage payments. In foreclosure cases, courts often review the existence of valid lease agreements to determine rights and obligations for both landlords and tenants. By ensuring leases are properly drafted and enforceable, landlords create evidence of income streams that can be presented in foreclosure defense strategies. ## Key Elements Of Strong Lease Agreements A strong lease should include clear payment terms, provisions for late fees, guidelines for security deposits, and details regarding maintenance responsibilities. Illinois law regulates security deposits under the Security Deposit Return Act ([765 ILCS 710/1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2202&ChapterID=62)), requiring landlords of certain properties to return deposits promptly and provide itemized deductions when applicable. Compliance with these statutes not only avoids penalties but also strengthens the landlord’s position if disputes arise. It is equally important to include terms that address default and eviction procedures. While Illinois law requires landlords to follow the Illinois Forcible Entry and Detainer Act ([735 ILCS 5/9-101 et seq.](https://law.justia.com/codes/illinois/chapter-735/act-735-ilcs-5/article-ix/)) for evictions, having lease terms that define what constitutes default gives landlords additional clarity and protection. ## Protecting Against Foreclosure Risks When landlords rely on rental income to cover mortgage obligations, tenant defaults can lead to financial instability. If a landlord falls behind on mortgage payments, foreclosure proceedings under [735 ILCS 5/15-1101 et seq.](https://law.justia.com/codes/illinois/chapter-735/act-735-ilcs-5/article-xv/) may begin. Strong lease agreements can mitigate this risk by creating enforceable obligations that facilitate the collection of rent, recovery of damages, and prompt eviction proceedings if necessary. Additionally, in some foreclosure cases, courts examine whether leases are bona fide and enforceable. A strong lease helps demonstrate the legitimacy of the landlord’s rental business and may preserve tenant occupancy rights even if foreclosure proceeds. This can protect both landlords and tenants during difficult financial times. ## Frequently Asked Questions About Lease Agreements And Foreclosure In Illinois ### How Does A Strong Lease Agreement Help Prevent Foreclosure? A strong lease agreement creates enforceable obligations for tenants to pay rent on time. Reliable rental income allows landlords to meet mortgage payments, reducing the risk of foreclosure under 735 ILCS 5/15-1101 et seq. Without a strong lease, landlords may struggle to enforce tenant obligations. ### What Terms Should Be Included In A Lease To Protect Landlords? Essential terms include clear rent payment schedules, late fee provisions, maintenance responsibilities, default clauses, and security deposit rules. These provisions help landlords enforce tenant obligations and reduce disputes that could disrupt rental income. ### How Does Illinois Law Regulate Security Deposits? Under the Security Deposit Return Act (765 ILCS 710/1 et seq.), landlords of certain residential properties must return security deposits within set timeframes and provide itemized lists of deductions. Compliance with this law avoids penalties and strengthens the enforceability of lease terms. ### Can A Landlord Evict A Tenant During Foreclosure? Yes, but eviction must comply with the Illinois Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.). Landlords must follow proper legal procedures even if they are facing foreclosure. A clear lease agreement helps define what constitutes default, making eviction proceedings more straightforward. ### What Happens To Tenants If A Property Goes Into Foreclosure? If a property is foreclosed under 735 ILCS 5/15-1101 et seq., tenants with bona fide leases may retain occupancy rights for a period of time. Having a properly drafted lease ensures tenants’ rights are recognized, while also demonstrating that the landlord maintained a legitimate rental business. ### Why Should Landlords Seek Legal Guidance When Drafting Leases? Legal guidance ensures compliance with Illinois statutes and creates enforceable contracts that hold up in court. A poorly drafted lease can expose landlords to disputes, penalties, or foreclosure risks if rent payments cannot be enforced effectively. ## Call Covert Marrero Covert LLP Today At Covert Marrero Covert LLP, we know how important strong lease agreements are in protecting landlords against foreclosure risks. Our attorneys help landlords across Chicagoland draft and enforce leases that comply with Illinois law while safeguarding their financial security. Contact our [Illinois real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/).. With offices in Warrenville, Schaumburg, Naperville, and Joliet, we proudly serve landlords throughout the Chicago metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [International Assets And Offshore Accounts In Illinois High Net Worth Divorce Cases](https://www.covertlegal.com/international-assets-and-offshore-accounts-in-illinois-high-net-worth-divorce-cases/) **Published:** October 7, 2025 **Author:** Brian Covert **Content:** High net worth divorces in Illinois often involve complex financial issues that extend beyond ordinary property division. When international assets or offshore accounts are part of the marital estate, the stakes become even higher. Assets held abroad may include real estate, business interests, investment accounts, or trusts in foreign jurisdictions. These assets present unique challenges when it comes to disclosure, valuation, and division. As Illinois divorce attorneys, we know that failing to properly account for these holdings can significantly impact your financial future. That is why it is critical to understand how Illinois divorce law treats international assets and offshore accounts in divorce proceedings. ## Property Division Under Illinois Law Illinois follows the principle of equitable distribution under the Illinois Marriage and Dissolution of Marriage Act ([750 ILCS 5/503](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K503.htm)). This means marital property is divided fairly, though not necessarily equally. Assets acquired during the marriage are generally considered marital, regardless of whether they are held domestically or abroad. If international accounts or offshore investments were obtained during the marriage, the court will consider them marital property unless a valid exception applies, such as an inheritance or a properly executed prenuptial agreement. Under [750 ILCS 5/503(d)](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm), the court evaluates several factors when dividing property, including the contribution of each spouse, the economic circumstances of each party, and tax consequences of the property division. When international assets are involved, tax implications and jurisdictional issues may weigh heavily in the court’s determination. ## Disclosure And Discovery Requirements Illinois law requires full disclosure of all assets during divorce proceedings. [750 ILCS 5/501](https://www.ilga.gov/documents/legislation/ilcs/documents/075000050k501.htm) requires both parties to provide a financial affidavit listing all income, expenses, assets, and debts. Offshore accounts and international assets must be included in these disclosures. If one spouse fails to disclose foreign holdings, the court can impose sanctions, adjust the property division, or even award a disproportionate share of assets to the other spouse as a penalty. Discovery tools, such as subpoenas, interrogatories, and depositions, may be used to uncover hidden or undisclosed international assets. In some cases, forensic accountants and international financial investigators may be brought in to trace funds and determine the true value of offshore accounts. ## Enforcement And Practical Challenges While Illinois courts can order the division of international assets, enforcing those orders in foreign jurisdictions may require additional legal action. Some countries cooperate with U.S. court orders, while others may not. Offshore trusts and accounts may also be structured in ways that make access more difficult. Despite these challenges, Illinois courts will consider the value of these assets when dividing property and may compensate the non-holding spouse with a greater share of domestic assets if foreign property cannot be accessed directly. ## Protecting Your Financial Interests International assets and offshore accounts require careful handling during divorce proceedings. We work with financial experts, tax professionals, and international counsel when necessary to ensure that all assets are accounted for and properly valued. By approaching these cases strategically and in compliance with Illinois law, we help protect your financial interests and secure a fair outcome. ## Frequently Asked Questions About International Assets In Illinois Divorce Cases ### What Counts As Marital Property If Assets Are Overseas? Marital property includes most assets acquired during the marriage, even if they are held in another country. Unless the asset qualifies as non-marital under Illinois law, it will be subject to equitable distribution. ### Do I Have To Disclose Offshore Accounts During Divorce? Yes. Illinois law requires full disclosure of all assets, including offshore accounts. Failing to disclose foreign holdings can lead to court sanctions and an unfavorable property division. ### How Does The Court Value International Real Estate? Courts rely on appraisals and expert reports to determine the fair market value of international real estate. Currency exchange rates and local market conditions are also considered. ### Can The Court Divide Assets Located In Another Country? The Illinois court can assign ownership or value to foreign assets, but enforcing its orders in another country may depend on that country’s laws. If enforcement is difficult, the court may adjust the distribution of domestic assets to ensure fairness. ### What If I Suspect My Spouse Is Hiding Money Offshore? If you believe your spouse is concealing funds, discovery tools and forensic accountants can be used to investigate. Courts take hidden assets seriously and may impose penalties for nondisclosure. ### How Are Tax Implications Handled With International Assets? Taxes can be complex when foreign assets are involved. The court will consider potential tax consequences under 750 ILCS 5/503(d) when dividing property, and tax professionals may be consulted. ### Do Prenuptial Agreements Cover International Assets? Yes, a properly drafted prenuptial agreement can define how international and domestic assets are treated in divorce. Courts will generally enforce valid agreements if they comply with Illinois law. ### Can I Be Awarded More Of The Domestic Property If My Spouse Keeps Foreign Property? Yes. If international assets are difficult to divide or enforce, the court may award you a greater share of assets located in the U.S. to balance the distribution. ### Are Foreign Pensions Or Retirement Accounts Included In Divorce? Foreign pensions and retirement accounts acquired during the marriage are typically considered marital property. The court will consider their value, even if dividing them directly is challenging. ### What Steps Should I Take If My Divorce Involves Offshore Accounts? You should consult with an attorney experienced in high net worth divorces and disclose all assets fully. Your attorney may recommend involving forensic accountants or international counsel to ensure proper handling. ## Call Covert Marrero Covert LLP Today If your divorce involves international assets or offshore accounts, you need a legal team with the knowledge and resources to protect your financial future. At Covert Marrero Covert LLP, we represent clients throughout Warrenville, Schaumburg, Naperville, Joliet, and the entire Chicagoland area in high net worth divorce cases involving complex financial issues. To ensure that your divorce is managed with the highest level of experience and attention, [Warrenville divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP at [(630) 717-2783](tel:16307172783) for an [initial consultation](https://www.covertlegal.com/contact-us/). We are committed to protecting your rights and ensuring that international and domestic assets are addressed properly under Illinois law. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Attorney --- ### [Common Title Issues In Illinois And How A Real Estate Attorney Resolves Them](https://www.covertlegal.com/common-title-issues-in-illinois-and-how-a-real-estate-attorney-resolves-them/) **Published:** September 2, 2025 **Author:** Brian Covert **Content:** At Covert Marrero Covert LLP, we frequently assist clients who are buying, selling, or refinancing property in Illinois and encounter unexpected title problems. A property title is the legal documentation that proves ownership rights to real estate. If the title is not clear, it can create serious complications, delaying or even preventing a real estate transaction from closing. Title issues can also expose property owners to future legal disputes and financial loss. Understanding the most common title problems under Illinois law and how an experienced real estate attorney resolves them is essential for protecting your investment. ## Understanding Title Issues Under Illinois Law Title issues can arise for several reasons, including clerical errors, outstanding liens, or unresolved ownership disputes. According to [765 ILCS 5/1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2137&ChapterID=62), the Illinois Conveyances Act governs the creation, transfer, and recording of property interests. Any defect or claim affecting the chain of title can cloud ownership, impacting a buyer’s ability to secure financing, sell, or fully enjoy property rights. Common title issues in Illinois include: - Unreleased Mortgages or Liens: Prior loans, unpaid property taxes, or contractor liens under the Illinois Mechanics Lien Act ([770 ILCS 60/1 et seq.](https://www.ilga.gov/Documents/legislation/ilcs/documents/077000600K1.htm)) may remain attached to a property, requiring resolution before a transfer. - Errors in Public Records: Mistakes in legal descriptions, misspelled names, or misfiled documents can compromise a clear title. - Boundary or Easement Disputes: Unrecorded easements or unclear boundary lines can create future conflicts between neighbors or municipalities. - Heirship Claims or Undisclosed Owners: If a previous owner passed away without a will or estate planning, heirs may assert ownership rights under Illinois probate law ([755 ILCS 5/1-1 et seq.](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2104&ChapterID=60)). These issues can put your ownership at risk or lead to expensive litigation if not properly addressed during a real estate transaction. ## How A Real Estate Attorney Resolves Title Problems Our role as Illinois real estate attorneys is to protect your interests and ensure you receive a marketable title. We start with a thorough title search to uncover any existing defects or claims. Once identified, we take corrective legal actions, which may include: - Working with lenders to release prior mortgages or liens through payment or negotiation. - Filing corrective deeds or affidavits to fix clerical errors under 765 ILCS 5/12. - Quiet title actions in court settle disputes and establish clear ownership rights. - Coordinating with probate courts to address heirship claims or outstanding estate matters. By resolving these issues before closing, we help ensure you receive a clean title that fully protects your ownership and prevents future disputes. ## Frequently Asked Questions About Title Issues In Illinois ### What Does It Mean To Have A Cloud On A Title? A cloud on a title is any claim, lien, or defect that challenges or questions the property’s ownership. Clouds on the title must be resolved to ensure a clean transfer of ownership. ### How Can Unpaid Property Taxes Affect A Real Estate Transaction? Unpaid taxes create a lien on the property under Illinois law (35 ILCS 200/21-75). These taxes must be paid or otherwise resolved before the title can transfer to a new owner. ### Can Title Issues Delay Closing On A Property Sale? Yes, unresolved liens, boundary disputes, or missing releases from prior lenders can delay or prevent closing. A real estate attorney works to clear these issues promptly to avoid disruption. ### What Is A Quiet Title Action? A quiet title action is a lawsuit filed to establish or clarify legal ownership of a property. This action removes any competing claims or disputes affecting the title. ### Why Is Title Insurance Important In Illinois? Title insurance protects buyers and lenders from future claims or defects that were not discovered during the title search. While attorneys help clear known issues, title insurance provides long-term protection. ### What Should I Do If Someone Claims Partial Ownership Of My Property? Contact a real estate attorney immediately. Illinois law allows rightful owners to bring legal action to resolve competing claims, often through probate proceedings or a quiet title lawsuit. ## Call Covert Marrero Covert LLP For Help With Illinois Title Issues If you are buying, selling, or refinancing property and encounter title problems, you need skilled legal guidance to protect your rights. At Covert Marrero Covert LLP, our team has extensive experience resolving complex title issues under Illinois real estate law. We work to clear defects, remove liens, and ensure you have full and secure ownership of your property. Contact our [Illinois real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). With offices in Warrenville, Schaumburg, Naperville, and Joliet, we serve clients throughout the Chicagoland metro area and provide reliable legal solutions for your real estate needs. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [Foreclosure Scams In Illinois: How To Spot Them And Protect Your Home](https://www.covertlegal.com/foreclosure-scams-in-illinois-how-to-spot-them-and-protect-your-home/) **Published:** August 5, 2025 **Author:** Brian Covert **Content:** At Covert Marrero Covert LLP, we’ve helped countless Illinois homeowners fight to save their homes from foreclosure—and just as often, we’ve helped them avoid scams. When people fall behind on mortgage payments or face foreclosure, they become prime targets for fraudsters. These scams often promise relief, but in reality, they take advantage of vulnerable families during stressful times. Foreclosure scams in Illinois come in many forms: bogus loan modification offers, fake foreclosure defense services, phony “rescue” agencies, and fraudulent title transfers. The legal process of foreclosure is already overwhelming. When scammers insert themselves into the picture, it only worsens the situation. We want you to understand the red flags and know your rights under Illinois law so that you can protect your property. Illinois homeowners are protected under several laws, including the Illinois Mortgage Foreclosure Law ([735 ILCS 5/15-1101 et seq.](https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-15-1101/)) and the Illinois Consumer Fraud and Deceptive Business Practices Act ([815 ILCS 505/1 et seq.](https://law.justia.com/codes/illinois/2005/chapter67/2356.html)). If you’re in foreclosure or facing the threat of it, you have legal rights, including the right to receive proper notice, to respond in court, and to explore legal defenses. You also have the right to legitimate loan modification or bankruptcy relief, but no legitimate process will ever involve pressure to sign away your deed or pay money up front for “guaranteed” foreclosure help. ## Red Flags That May Indicate A Foreclosure Scam **Upfront Fees** – Be wary of anyone who asks for money before providing a service. In Illinois, it’s illegal for foreclosure rescue companies to collect fees before performing work under [765 ILCS 940/5](https://codes.findlaw.com/il/chapter-765-property/il-st-sect-765-940-5/). **“Guarantees” Of Stopping Foreclosure** – No lawyer or agency can guarantee they will stop a foreclosure. Foreclosure is a legal process that must follow court procedures, and outcomes depend on your specific circumstances. **Requests To Transfer Your Deed** – If someone says you need to sign over your home to avoid foreclosure, stop. Deed theft is a common scam. Signing over your deed could mean losing your home permanently. **Unlicensed or Untraceable Companies** – Always verify whether someone offering help is a licensed attorney, HUD-certified housing counselor, or registered nonprofit. Scam operations often use fake names and untraceable phone numbers. **Pressure To Act Immediately** – Scammers often use urgency to force homeowners into bad decisions. Legitimate foreclosure defense attorneys will walk you through your legal options, not rush you into signing anything. ## Frequently Asked Questions About Foreclosure Scams In Illinois ### What Should I Do If I Think I’ve Been Scammed? If you suspect you’ve fallen victim to a foreclosure scam, contact a foreclosure defense attorney immediately. We can assess the situation, report the fraud to the Illinois Attorney General’s Office, and determine whether we can reverse any damage done. ### Can I Stop Foreclosure Through A Legitimate Loan Modification? Yes, a loan modification is a valid legal option under federal and Illinois law. Your lender may offer modified payment terms, and you can also apply through government programs. Be cautious and work directly with your lender or a qualified attorney, not a third party charging fees. ### Are All Foreclosure Assistance Companies Scams? Not all of them, but many operate illegally. In Illinois, only HUD-approved housing counselors, licensed attorneys, and certain nonprofits are legally permitted to provide foreclosure assistance. Avoid anyone offering services without credentials or who cannot clearly explain their process. ### What Are My Legal Rights During Foreclosure In Illinois? Under [735 ILCS 5/15-1504](https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-15-1504/), you have the right to be served with a foreclosure complaint and to respond in court. You may have legal defenses, such as improper notice, mortgage fraud, or unfair lending practices. A foreclosure defense attorney can file the proper responses and motions to protect your interests. ### How Long Does The Foreclosure Process Take In Illinois? Foreclosures in Illinois are judicial, meaning they go through the court system. The process can take several months or longer, depending on the county and whether you fight the case. During that time, you have options for defending against the foreclosure or negotiating a solution. ### Can I Lose My Home If I Work With A Scammer? Unfortunately, yes. Some scams involve convincing homeowners to sign away ownership of their homes without realizing it. Others promise to make payments on your behalf, but instead pocket your money. Once the scam is uncovered, it may be too late unless you take immediate legal action. ### What If Someone Promises To Fix My Credit And Stop Foreclosure? Be very cautious. Some scams falsely advertise credit repair or foreclosure prevention services. These companies often do nothing after collecting a fee. Real legal services involve a thorough review of your loan documents, court filings, and financial options—not generic promises. ## Call Covert Marrero Covert LLP To Protect Your Home From Scams At Covert Marrero Covert LLP, we know what’s at stake when you’re facing foreclosure—and we know how to stop the scammers in their tracks. Our team has represented homeowners across the Chicagoland area and held fraudsters accountable. We take your case seriously because we understand that behind every file is a family and a future. Don’t trust your home to false promises. If you’re worried about foreclosure or think you’ve been targeted by a scam, call us today. We will review your situation and help you take the right legal steps. Contact our [Illinois foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). We have law offices in Warrenville, Schaumburg, Naperville, and Joliet, and we proudly serve clients throughout the entire Chicagoland metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney --- ### [Can You Stop A Foreclosure With A Loan Modification?](https://www.covertlegal.com/can-you-stop-a-foreclosure-with-a-loan-modification/) **Published:** July 1, 2025 **Author:** Brian Covert **Content:** As Illinois foreclosure defense attorneys, we often hear from homeowners who are overwhelmed and worried about losing their homes. Many are surprised to learn that a loan modification can, in some cases, stop a foreclosure in progress. It’s important to understand that while loan modifications are not guaranteed, they are a powerful legal tool that can help homeowners stay in their homes and avoid a sheriff’s sale—if the process is handled correctly and within the legal timeline. Under Illinois law, foreclosure is a judicial process. That means your lender must go to court and obtain a judgment before your home can be sold. During this process, you do have legal rights and options. One of the most common and effective ways to try to halt foreclosure is by applying for a loan modification—a change in your mortgage terms that lowers your payment and allows you to catch up on missed payments over time. According to the Illinois Mortgage Foreclosure Law (IMFL), [735 ILCS 5/15-1101 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1101), once a foreclosure has been filed, homeowners still have the opportunity to work with their lender. [Section 735 ILCS 5/15-1508(d-5)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1508) specifically addresses situations where a borrower is actively pursuing loss mitigation, including loan modifications. If you have submitted a complete application for a loan modification and your lender is reviewing it, the court has the authority to delay a foreclosure sale to give the process time to be completed. However, timing is critical. If you wait until the last minute or submit an incomplete application, the court may allow the foreclosure to proceed. That’s why it’s important to apply early, respond promptly to requests for documents, and ensure the lender complies with both federal and Illinois foreclosure guidelines. If your application is still pending review, we can request a stay of sale or oppose a motion to confirm the sale based on ongoing loss mitigation efforts. Another benefit of applying for a loan modification is the temporary protection it can provide under federal mortgage servicing rules. Most lenders are prohibited from moving forward with a foreclosure sale while a completed application is under active review. This protection, when paired with the Illinois foreclosure process, can give you valuable time to explore all available options. We work closely with clients to assess eligibility, prepare accurate and complete modification packets, and ensure that your legal rights are protected during the foreclosure process. A loan modification is not always the right solution, but it can be a meaningful lifeline when used strategically. ## Frequently Asked Questions About Stopping Foreclosure With A Loan Modification ### Can A Loan Modification Really Stop A Foreclosure In Illinois? Yes, in many cases a loan modification can stop a foreclosure. If your lender agrees to a modification, the foreclosure lawsuit is often paused or dismissed. Even if the modification hasn’t been approved yet, the court may delay the foreclosure sale if you have submitted a complete application and are waiting for a response. Under [735 ILCS 5/15-1508(d-5)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1508), this delay can be legally supported if loss mitigation efforts are ongoing. ### What Happens If I Apply For A Loan Modification But The Lender Doesn’t Respond? If your lender is ignoring a valid, complete loan modification application, that could be a violation of servicing rules and court procedures. We can bring this to the judge’s attention, especially if a sheriff’s sale is scheduled. Illinois courts recognize the importance of good faith efforts in foreclosure cases, and we may be able to request a delay or sanctions against the lender depending on the facts. ### Can I Apply For A Loan Modification After The Foreclosure Case Has Already Been Filed? Yes. You can still apply for a loan modification even after foreclosure has started. However, your chances of success improve the earlier you act. Once a sale has been scheduled, time becomes limited. That’s why we recommend submitting your application early and making sure it’s complete. The court may grant you time if you show that the lender is reviewing your application in good faith. ### What Is Considered A “Complete” Loan Modification Application? A complete application typically includes income documentation, tax returns, bank statements, a hardship letter, and any other forms the lender requests. Missing documents can result in a denial or delay. Under both federal rules and Illinois court practices, only complete applications are entitled to foreclosure protections. We help clients ensure nothing is missing before submission. ### Will I Automatically Get A Loan Modification If I Apply? No. The lender reviews your financials to determine if you qualify under their guidelines. They may deny your application based on income, expenses, or if you’ve already had a modification in the past. That said, we work to present your information clearly and advocate for approval when you meet the criteria. We also review any denial for possible legal errors. ### What If The Lender Schedules A Sheriff’s Sale While I’m Waiting For A Decision? If your application was complete and submitted within the required time frame, we can file a motion to stop or postpone the sale. The court may intervene if there is proof that the lender received your application and did not properly delay the sale. Timing is critical—if you wait too long, the sale may still occur. ### Can I Still Apply For A Loan Modification After A Foreclosure Sale Has Been Scheduled? You can apply, but your options are limited once a sale date is set. The lender is not required to stop the sale unless the application is complete and received at least 37 days before the scheduled date under federal servicing rules. After that point, only court intervention or a temporary restraining order might stop the sale. ### Will A Loan Modification Reduce The Amount I Owe? Not always. Most modifications focus on reducing your monthly payment by extending the loan term, lowering the interest rate, or adding missed payments to the end of the loan. Some government programs may offer principal reductions, but these are rare. The main goal is to make the loan affordable going forward. ### How Long Does The Loan Modification Process Take? It depends on the lender and how quickly you provide the requested documents. Most loan modifications take 30 to 90 days. During that time, the foreclosure process may continue in court, but a completed application often pauses the sale if protections are in place. ### Do I Need An Attorney To Apply For A Loan Modification In A Foreclosure Case? It’s highly recommended. Lenders may mishandle documents or ignore valid applications. An attorney can ensure the court is aware of your situation, submit motions to delay or stop the sale, and hold the lender accountable. Legal representation also ensures that you don’t miss critical deadlines or give up valuable rights. ## Take Action Before It’s Too Late—Call Covert Marrero Covert LLP Today If you’re facing foreclosure and want to explore whether a loan modification can help, we’re ready to assist. At Covert Marrero Covert LLP, we guide Illinois homeowners through every step of foreclosure defense with clear, strategic legal support. Don’t wait until your home is days away from a sheriff’s sale. Contact our [Illinois foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). We have offices in Warrenville, Schaumburg, Naperville, and Joliet, and we proudly serve homeowners throughout the Chicagoland metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Uncategorized --- ### [Deed in Lieu of Foreclosure: Is It a Good Option for Homeowners in Illinois?](https://www.covertlegal.com/deed-in-lieu-of-foreclosure-is-it-a-good-option-for-homeowners-in-illinois/) **Published:** June 2, 2025 **Author:** Brian Covert **Content:** As foreclosure defense attorneys representing clients across Illinois, we often speak with homeowners who are overwhelmed by the possibility of losing their homes. When mortgage payments become unmanageable and foreclosure seems inevitable, one legal option to consider is a deed in lieu of foreclosure. This path allows homeowners to voluntarily transfer ownership of their property back to the lender, avoiding a full foreclosure proceeding. But while this option can bring relief, it also comes with important legal and financial considerations. A deed in lieu of foreclosure may seem simple on the surface, but it’s not always the right answer for every homeowner. Illinois is a judicial foreclosure state, meaning lenders must file a lawsuit in court to foreclose on a property. This process can be lengthy and stressful. Some lenders are open to accepting a deed in lieu as a way to avoid litigation and reduce costs, but only under certain conditions. As legal advocates, we evaluate whether this approach benefits you and protects your interests under Illinois foreclosure laws, including provisions under the Illinois Mortgage Foreclosure Law ([735 ILCS 5/15-1101 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1101)). ## How A Deed In Lieu Works In Illinois In a deed in lieu of foreclosure, you sign over your interest in the property to the lender, and in return, the lender agrees to release you from further mortgage obligations. This can stop foreclosure proceedings and may limit damage to your credit when compared to a foreclosure judgment. However, lenders typically require that: - There are no other liens or junior mortgages on the property - The home is in reasonably good condition - You submit a written request and sign documentation willingly Once the transaction is complete, the lender takes possession of the home and may forgive any remaining mortgage balance, but that’s not guaranteed. You must confirm in writing that the lender will waive the deficiency—any remaining amount you still owe after the home is sold—otherwise, you could still be liable for the difference. ## Potential Benefits For Illinois Homeowners A deed in lieu can: - Help avoid public foreclosure proceedings - Reduce attorney’s fees and court costs - Stop collections and foreclosure litigation - Offer a faster resolution to your mortgage problem - Allow for the negotiation of relocation assistance But it’s important to understand that the lender is not obligated to accept your offer. They may reject it and proceed with foreclosure instead. ## What To Watch Out For We always review each deed in lieu agreement to ensure our clients are fully released from liability. Without clear language in the agreement, the lender could pursue a deficiency judgment after taking possession. Under Illinois law ([735 ILCS 5/15-1508(e)](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1508)), courts may confirm a sale and award a deficiency judgment if the proceeds are less than the mortgage debt. That’s why proper legal review is essential before signing anything. ## Deed In Lieu Of Foreclosure Frequently Asked Questions ### What Is The Main Difference Between A Deed In Lieu And Foreclosure? A deed in lieu is a voluntary agreement where the homeowner transfers the property to the lender without going through court. Foreclosure is a legal process initiated by the lender to force the sale of the home through a lawsuit. A deed in lieu is generally faster and more private. ### Will A Deed In Lieu Hurt My Credit? Yes, but usually less than a foreclosure. A deed in lieu will still appear on your credit report and may lower your score, but many lenders view it more favorably than a full foreclosure. ### Can I Be Sued After Doing A Deed In Lieu Of Foreclosure? If your agreement with the lender does not include a written waiver of the deficiency, you may still be sued for any remaining mortgage balance. Always ensure the lender agrees in writing to forgive the debt. ### Will I Owe Taxes After Completing A Deed In Lieu? Possibly. If the lender forgives part of your mortgage debt, the IRS may treat that forgiven amount as taxable income. However, exceptions may apply under the Mortgage Forgiveness Debt Relief Act. Speak with a tax advisor for personalized guidance. ### Can A Lender Refuse To Accept A Deed In Lieu Of Foreclosure? Yes. Lenders often evaluate whether accepting the property is in their financial interest. If there are multiple liens or the home is damaged, they may choose to foreclose instead. ### What Happens If My Home Has A Second Mortgage Or Lien? Most lenders will not accept a deed in lieu if there are junior liens on the property. The presence of a second mortgage, tax lien, or judgment complicates the process and may lead the lender to reject the offer. ### Do I Need To Vacate The Property Before Doing A Deed In Lieu? In many cases, yes. Some lenders require the home to be vacant before completing the deed in lieu process. Others may allow you to stay temporarily or offer relocation assistance. It depends on the terms negotiated. ### How Long Does The Deed In Lieu Process Take In Illinois? The process can take several weeks to a few months, depending on the lender’s requirements and your situation. Working with an attorney can help avoid delays and ensure you meet all conditions. ### Is A Short Sale Better Than A Deed In Lieu? A short sale may be better if you can find a buyer and want to minimize credit damage. However, a deed in lieu can be quicker and simpler if you cannot sell the home. Both options should be discussed with your attorney. ### Can I Negotiate Moving Assistance With A Deed In Lieu? Yes. Some lenders offer “cash for keys” agreements, which provide relocation funds in exchange for you leaving the home in good condition. This must be negotiated as part of the agreement. ## Call Our Chicago Deed in Lieu of Foreclosure Attorney For A Free Consultation Contact our [Naperville Deed in Lieu of Foreclosure attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert, LLP by calling [(630) 717-2783](tel:16307172783) to [schedule a consultation](https://www.covertlegal.com/contact-us/). Our foreclosure defense attorneys serve clients throughout Warrenville, Schaumburg, Naperville, and Joliet, and we work with homeowners across the entire Chicagoland metro. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Deed in Lieu of Foreclosure Attorney --- ### [When Buying a Short Sale, What Should a Buyer Be Aware Of?](https://www.covertlegal.com/when-buying-a-short-sale-what-should-a-buyer-be-aware-of/) **Published:** April 29, 2025 **Author:** Brian Covert **Content:** When we assist clients considering the purchase of a short sale property in Illinois, we always take the time to walk them through the unique legal and financial risks involved. Short sales appear attractive because of the potentially lower purchase price. However, there are significant legal implications that every buyer must understand before making a commitment. This type of real estate transaction is more complex than a traditional home sale and often involves additional parties, including the mortgage lender and sometimes multiple lienholders. In Illinois, the foreclosure process is judicial. This means any delay or misstep can impact a buyer’s rights or expose them to unexpected liabilities. That’s why we pay close attention to the [Illinois Mortgage Foreclosure Law](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000) (IMFL), codified at 735 ILCS 5/15-1101 et seq., to ensure our clients are protected at every step. ## Short Sale Approval Is Not Guaranteed First and foremost, it’s important for buyers to realize that a short sale is subject to lender approval. Even after you and the seller agree to terms, the seller’s lender must approve the sale price because it is less than what is owed on the mortgage. This approval process can be lengthy and unpredictable. Delays of several weeks or even months are common, and there’s no guarantee of final approval. Our firm advises our clients not to make significant financial moves, such as terminating leases or selling their current home, until the lender’s short sale approval is in writing. ## Title Defects And Foreclosure Proceedings Can Create Risk Another critical consideration is title condition. Many short-sale properties are encumbered by liens, unpaid taxes, or other clouds on the title. Under Illinois law, the seller is not typically required to clear all title issues prior to closing in a short sale. That responsibility may fall on the buyer. This is why we always recommend a full title search and review of any pending foreclosure case in the circuit court. Under [Section 15-1504.5](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1504.5) of the IMFL, certain homeowners may file motions to stay or dismiss foreclosure proceedings. If there’s a pending foreclosure judgment, the property may go to a sheriff’s sale unless the short sale closes first, which creates additional pressure on the timeline. ## Short Sale Properties Are Sold “As-Is” We also remind clients that short-sale properties are sold “as-is.” In many cases, the seller is facing financial distress and may not have maintained the property. Lenders generally refuse to make repairs or give credit. Buyers should invest in a comprehensive inspection and be prepared to accept defects. While Illinois law under the [Residential Real Property Disclosure Act](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2152) (765 ILCS 77/1) requires certain seller disclosures, enforcement can be difficult if the seller is judgment-proof or absent. ## Closing Delays Are Common In Short Sale Transactions Finally, buyers need to account for potential delays at closing. Even if the short sale is approved, final HUD-1 approval by the lender is often required. This last step can cause sudden changes or rescheduling of the closing date. If the property is in active foreclosure, there is always a risk the court proceeds with a [sheriff’s sale](https://cookcountysheriffil.gov/departments/courts/civil-services/foreclosure-property-sale/) unless the lender halts the process. Short sales can offer value, but they carry legal risks that require careful handling. With our legal team’s help, you can proceed with a clearer understanding of your rights and responsibilities under Illinois foreclosure law. ## Illinois Short Sale Frequently Asked Questions ### Can A Short Sale Be Stopped By A Foreclosure Sale? Yes, if the lender does not formally approve the short sale in time, the foreclosure process may proceed to a judicial sale. In Illinois, under 735 ILCS 5/15-1507, the court can authorize a sheriff’s sale once a judgment of foreclosure is entered. This risk makes the timing of the transaction especially important. ### Are There Risks If I Buy A Short Sale Property With Liens? Yes. Many short-sale homes have unpaid real estate taxes, second mortgages, or judgment liens. These must be addressed prior to closing. If not resolved, you may acquire title subject to those debts. A full title search is essential to identify and address these issues before purchasing. ### Is The Seller Required To Make Repairs In A Short Sale? No. In most short sales, properties are sold “as-is.” Lenders typically do not pay for repairs or offer credits for damage. Buyers are encouraged to hire a licensed inspector before closing and be prepared for potential out-of-pocket repairs after the purchase. ### Can I Use Traditional Financing For A Short Sale Property? Yes, but your lender must be willing to work within the short sale timeline. Some short sales require quick closings, while others are delayed by months due to lender approval. Make sure your financing terms allow flexibility or consider a preapproval that accounts for timing uncertainty. ### Does The Buyer Pay The Seller’s Legal Fees In A Short Sale? No, but some short sale approval letters include conditions that the buyer must agree to, such as covering certain closing costs. We carefully review every term in the approval letter to protect our clients from unexpected charges. ### What If The Seller Files Bankruptcy During A Short Sale? If the seller files for bankruptcy, the short sale process may pause or terminate depending on the stage of the bankruptcy and court approvals. In Illinois, an automatic stay under federal bankruptcy law can affect the foreclosure case and the seller’s ability to complete the sale. ### Is There A Right To Cancel After Short Sale Approval? In most cases, once the lender approves the short sale and both parties have signed the documents, cancellation rights are limited. Buyers should have legal counsel review the approval letter and sale contract before signing to ensure they understand all terms. ### Can A Short Sale Affect My Property Taxes In Illinois? The short sale price may impact your property’s assessed value in future tax years, but this is not automatic. You may need to appeal your property tax assessment if you believe it is too high based on the purchase price. Consult our real estate attorneys to evaluate your options. ## Talk To Our Legal Team Today At Covert Marrero Covert LLP, we help buyers understand the legal risks of purchasing a short sale in Illinois. Our attorneys stay current on Illinois foreclosure laws and lender practices, ensuring your transaction is handled with care. If you’re thinking about buying a short-sale property, don’t move forward without qualified legal guidance. Contact our [Illinois short-sale attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). With offices in Warrenville, Schaumburg, Naperville, and Joliet, we proudly represent clients across the Chicagoland metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short-Sale Attorney --- ### [What To Do If You Receive A Foreclosure Notice In Illinois](https://www.covertlegal.com/what-to-do-if-you-receive-a-foreclosure-notice-in-illinois/) **Published:** April 1, 2025 **Author:** Brian Covert **Content:** Receiving a foreclosure notice can be overwhelming, but it is important to act quickly to protect your rights. Illinois follows a [judicial foreclosure process](https://www.nolo.com/legal-encyclopedia/illinois-foreclosure-laws-procedures.html#:~:text=A%20judicial%20foreclosure%20begins%20when,Comp.), which means that lenders must go through the court system to foreclose on a property. This process provides homeowners with opportunities to defend against foreclosure and explore alternatives. Ignoring the notice will not make it go away and may lead to losing your home sooner than necessary. Understanding your legal rights and options is the first step in determining how to proceed. ## Understanding The Foreclosure Process In Illinois Under 735 ILCS 5/15-1504, foreclosure proceedings in Illinois begin when the lender files a complaint in court. You will receive a Summons and Complaint, which officially notifies you of the foreclosure action. You have 30 days to file a response, and failing to do so may result in a default judgment against you. If the foreclosure process moves forward, the lender must provide proper notice before a foreclosure sale can take place. Under [735 ILCS 5/15-1507](https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-15-1507/), homeowners must receive at least 30 days’ notice before the sale. In many cases, homeowners can seek foreclosure mediation, loan modifications, or other alternatives to avoid losing their homes. ## Steps To Take After Receiving A Foreclosure Notice ### 1. Read The Notice Carefully The foreclosure notice will contain important details about the legal proceedings. Foreclosure notices include the deadlines for responding. Do not ignore this document, as failing to respond could result in an automatic judgment in favor of the lender. ### 2. Seek Legal Assistance Illinois foreclosure law is complicated, and defending against foreclosure requires legal knowledge and strategic planning. Consulting with our foreclosure defense attorney can make sure that you understand your rights and legal options. ### 3. Respond To The Complaint You have 30 days from the date you are served to file a response in court under [735 ILCS 5/15-1506](https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-15-1506/). Your response can include defenses such as improper service, errors in the lender’s paperwork, or violations of Illinois foreclosure laws. ### 4. Explore Loan Modification Or Mediation Many lenders are willing to negotiate alternatives to foreclosure. Under 735 ILCS 5/15-1508(d-5), courts may approve loan modifications or repayment plans that allow homeowners to stay in their homes. Seeking mediation can be an effective way to delay or prevent foreclosure. ### 5. Understand Redemption Rights Illinois law provides homeowners with a redemption period to reclaim their property after foreclosure. Under 735 ILCS 5/15-1603, homeowners generally have 90 days from the date of the judgment to pay the total amount owed and stop the foreclosure. ### 6. Consider Filing For Bankruptcy In some cases, filing for bankruptcy can stop a foreclosure through an automatic stay. Under 11 U.S.C. 362, bankruptcy temporarily halts foreclosure proceedings, giving homeowners time to reorganize their finances. ## FAQs About Foreclosure In Illinois ### Can A Lender Foreclose On My Home Without Going To Court? No. Illinois follows a judicial foreclosure process, meaning that lenders must file a lawsuit and obtain a court order before foreclosing on a property. This process provides homeowners with legal protections and opportunities to challenge the foreclosure. ### What Happens If I Ignore A Foreclosure Notice? Ignoring a foreclosure notice can lead to a default judgment, allowing the lender to proceed with the foreclosure sale. Once a judgment is entered, homeowners lose many legal defenses that could have been used to delay or stop the process. ### Can I Sell My Home To Avoid Foreclosure? Yes. Homeowners can sell their property through a short sale or a traditional sale to avoid foreclosure. If the home’s value is less than the amount owed, the lender may agree to a short sale, forgiving the remaining debt in some cases. ### What Is A Deficiency Judgment, And Can The Lender Come After Me For More Money? A deficiency judgment occurs when the foreclosure sale does not cover the full mortgage balance. Under 735 ILCS 5/15-1508(e), lenders in Illinois can seek a deficiency judgment against homeowners for the remaining debt, but this can sometimes be negotiated or discharged in bankruptcy. ### Can Foreclosure Be Stopped After A Sale Date Is Set? Yes. Even after a foreclosure sale date is scheduled, homeowners may still have legal options, such as loan modifications, bankruptcy, or redemption rights under 735 ILCS 5/15-1603. Acting quickly is crucial to exploring these alternatives. ## Contact Our Illinois Foreclosure Attorney For Legal Guidance At Covert Marrero Covert LLP, we understand the stress and uncertainty that come with facing foreclosure. Our team of experienced Illinois foreclosure defense attorneys is dedicated to protecting your rights and helping you explore every available option to save your home. Whether you need assistance responding to a foreclosure notice, negotiating with lenders, or considering bankruptcy, we can provide the legal guidance you need. Contact our [Illinois foreclosure attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at [(630) 717-2783](tel:16307172783) to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Our offices are located in Warrenville, Schaumburg, Naperville, and Joliet, and we serve clients throughout the entire Chicagoland metro area. Let us help you take control of your situation and fight for your home. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney --- ### [Dealing with Unpaid Property Taxes: Protecting Your Home from Foreclosure in Chicago](https://www.covertlegal.com/dealing-with-unpaid-property-taxes-protecting-your-home-from-foreclosure-in-chicago/) **Published:** March 3, 2025 **Author:** Brian Covert **Content:** Falling behind on property taxes will put homeowners at risk of losing their homes. In Illinois, unpaid property taxes can result in a tax sale or foreclosure proceedings. These situations can force homeowners out of their properties if they fail to take action. Under [35 ILCS 200/21-90](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=003502000K21-90), county governments have the right to sell delinquent property taxes to investors, who may eventually obtain ownership of the home if the homeowner does not redeem the debt. Homeowners facing tax delinquency in Chicago and across Illinois need to understand their legal rights and the steps available to protect their property. At Covert Marrero Covert LLP, we assist homeowners in resolving unpaid property tax issues, fighting foreclosure proceedings, and reclaiming their financial stability. Illinois law offers multiple ways to prevent foreclosure and protect a home, including installment payment plans, tax exemptions, and redemption rights. Taking action quickly can mean the difference between saving your home and losing it to foreclosure. ## How Unpaid Property Taxes Lead To Foreclosure ### Tax Sale Process In Illinois Under [35 ILCS 200/21-110](https://www.ilga.gov/legislation/ilcs/documents/003502000K21-110.htm), if property taxes remain unpaid for a specified period, the county will conduct a tax sale, allowing private investors to purchase the delinquent taxes. The property owner must then redeem the taxes by paying the amount owed plus penalties and interest. ### Redemption Period And Its Importance Illinois law provides a redemption period for homeowners to pay off the delinquent taxes before losing ownership of the property. The length of this period depends on the type of tax sale conducted: - **Tax lien sale** – Homeowners typically have 2.5 years to redeem the property. - **Tax deed sale** – If the property is not redeemed, the tax buyer can obtain a tax deed under 35 ILCS 200/22-40, leading to permanent loss of ownership. ## Options To Protect Your Home From Foreclosure ### Setting Up A Payment Plan Many counties, including Cook County, offer installment payment plans to help homeowners catch up on unpaid property taxes. These payment plans allow homeowners to spread out payments over a set period, preventing a tax sale. ### Applying For Tax Exemptions Some homeowners may qualify for property tax exemptions that can lower the total amount owed. These include: - Senior Citizen Exemption - Homestead Exemption - Disabled Persons Exemption ### Filing For Bankruptcy To Halt Tax Foreclosure Under 11 U.S.C. § 362, filing for bankruptcy can temporarily stop foreclosure proceedings, allowing homeowners to reorganize their finances. A Chapter 13 bankruptcy may provide a repayment plan that includes overdue property taxes. ### Challenging The Tax Sale Homeowners who believe their tax sale was conducted improperly may be able to challenge the sale in court under 35 ILCS 200/21-175. Errors in notification, calculation, or process may invalidate the sale. ## Frequently Asked Questions ### What Happens If I Miss My Property Tax Payment Deadline? If you miss a property tax payment, the county will impose penalties and interest on the overdue amount. Continued non-payment may result in a tax lien sale, where your unpaid taxes are sold to a third party. ### How Long Do I Have To Pay Off My Delinquent Property Taxes? Illinois law provides a redemption period that typically lasts 2.5 years for most tax sales. If the taxes are not paid within that period, the tax buyer can apply for a tax deed, which results in the loss of homeownership. ### Can I Stop A Tax Sale Once My Property Is Listed? Yes, homeowners can prevent a tax sale by paying the outstanding balance or setting up a payment plan with the county before the sale date. If the tax sale has already occurred, homeowners may still redeem the property within the legal timeframe. ### What Is A Tax Lien, And How Does It Affect My Home? A tax lien is a legal claim placed on a property due to unpaid taxes. The county may sell this lien to an investor, giving them the right to collect payments with interest. If the homeowner fails to repay the lien within the redemption period, the investor may take ownership of the home. ### What If I Cannot Afford To Pay My Property Taxes? Homeowners facing financial hardship may be eligible for property tax relief programs or payment plans. Seniors, disabled individuals, and veterans may also qualify for tax exemptions that reduce the amount owed. ### Can Bankruptcy Help Me Stop A Tax Foreclosure? Yes, filing for Chapter 13 bankruptcy can temporarily stop tax foreclosure and provide a structured repayment plan that includes property taxes. However, property taxes must eventually be paid to avoid foreclosure. ### What Should I Do If I Receive A Tax Sale Notice? If you receive a tax sale notice, contact an attorney immediately to explore your options. Paying the delinquent amount, negotiating a payment plan, or challenging the tax sale process may help protect your home. ### How Can I Challenge An Improper Tax Sale? If there were errors in notification, calculation, or legal procedures, homeowners could file a court challenge under 35 ILCS 200/21-175. Successfully challenging a tax sale may allow homeowners to reclaim their property. ## Call Our Chicago Property Foreclosure Defense Attorney For A Free Consultation If you are facing unpaid property taxes and the risk of foreclosure, you do not have to go through this process alone. At Covert Marrero Covert LLP, we help homeowners fight foreclosure, set up payment plans, and explore legal options to protect their homes. The sooner you act, the more options you will have to avoid losing your property. Contact our [Naperville foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert, LLP by calling [(630) 717-2783](tel:16307172783) to [schedule a consultation](https://www.covertlegal.com/contact-us/). Our offices in Warrenville, Schaumburg, Naperville, and Joliet serve homeowners across Chicago and the entire Chicagoland metro area. Let us help you keep your home. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Common Mistakes to Avoid When Pursuing a Short Sale in Illinois](https://www.covertlegal.com/common-mistakes-to-avoid-when-pursuing-a-short-sale-in-illinois/) **Published:** February 3, 2025 **Author:** Brian Covert **Content:** Pursuing a short sale in Illinois can be a practical solution for homeowners struggling to keep up with their mortgage payments. A short sale permits you to sell your home for less than the remaining balance on your loan, potentially avoiding foreclosure and the lasting impact it can have on your credit. While this process may seem straightforward, it is filled with legal and financial complexities. Making mistakes along the way can delay the process or even jeopardize your ability to complete the sale successfully. At Covert Marrero Covert LLP, we have seen how common errors can derail a short sale. Failing to understand your lender’s requirements or not addressing any tax implications can lead to costly consequences. By seeking legal guidance from a licensed attorney, you can avoid these mistakes. ### Not Understanding Your Lender’s Requirements Every lender has its own [short sale](https://www.covertlegal.com/why-is-short-sale-a-better-option-than-foreclosure/) process. Failing to meet your lender’s specific requirements can cause delays or lead to outright denial. Most lenders require detailed documentation, including a hardship letter, proof of income, and a current valuation of your property. Under Illinois foreclosure law ([735 ILCS 5/15-1404 et seq.](https://www.ilga.gov/legislation/ilcs/documents/073500050K15-1404.htm)), lenders must act in good faith during the foreclosure and short sale process, but that doesn’t mean they will make it easy for you. Missing a single document can halt progress, so working with an experienced attorney can help you stay organized and meet these requirements. ### Waiting Too Long To Start The Process Timing is critical when pursuing a short sale. If you wait until the foreclosure process is well underway, your window for completing the short sale may be limited. Illinois law allows lenders to proceed with foreclosure even if you are in discussions for a short sale ([735 ILCS 5/15-1401 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401)). Starting the process early gives you more control and a better chance of reaching an agreement with your lender. ### Overlooking Tax Implications Many homeowners are unaware of the potential tax consequences of a short sale. The forgiven portion of your mortgage may be considered taxable income unless you qualify for an exemption under the Mortgage Forgiveness Debt Relief Actor other applicable tax laws. Failing to address this issue can lead to unexpected financial burdens after the sale. Consulting with a foreclosure defense attorney or tax professional can help you understand your obligations. ### Failing To Work With A Qualified Team Attempting to handle a short sale without an attorney is one of the most consequential mistakes homeowners can make. The process involves legal contracts, negotiations with lenders, and potential tax consequences. Without a knowledgeable attorney, you may miss important details that could impact your financial future. ### Neglecting To Communicate With All Parties A successful short sale requires clear communication between you, your lender, second lienholders, and any other parties involved. Overlooking these stakeholders can create complications that delay or prevent the sale from closing. Ensuring all parties are informed and involved is crucial to avoid misunderstandings and roadblocks. ## Illinois Short Sale Frequently Asked Questions ### What Is A Short Sale, And How Does It Work In Illinois? A short sale allows a homeowner to sell their property for less than the remaining mortgage balance with the lender’s approval. In Illinois, this process requires negotiation with the lender to agree on the sale terms and release the homeowner from further financial obligations. The lender must approve the sale and agree to accept the reduced amount as full satisfaction of the debt. ### Can A Lender Foreclose During A Short Sale In Illinois? Yes, under 735 ILCS 5/15-1401 et seq., lenders can continue with foreclosure proceedings even while negotiating a short sale. This is why it’s critical to start the short sale process early and work closely with your attorney to coordinate efforts and avoid foreclosure. ### Will I Still Owe Money To The Lender After A Short Sale? In some cases, lenders may require you to pay the remaining balance of the mortgage, known as a deficiency. However, many short sale agreements include a deficiency waiver, which releases the homeowner from further financial obligations. It’s essential to have your attorney review the agreement to ensure the waiver is included. ### Are There Tax Consequences For A Short Sale In Illinois? The forgiven portion of your mortgage may be considered taxable income unless you qualify for an exemption, such as the Mortgage Forgiveness Debt Relief Act. Consulting with a tax professional or attorney can help you understand and address any tax implications. ### Do I Need An Attorney For A Short Sale? While not legally required, having an attorney is highly recommended. An experienced foreclosure defense attorney can guide you through the process, negotiate with lenders, ensure all legal requirements are met, and protect your financial interests. ## Contact Our Chicago Short Sale Attorney For Your Free Consultation Pursuing a short sale in Illinois requires careful planning and legal expertise to avoid common mistakes and protect your financial future. At Covert Marrero Covert LLP, we are here to help you navigate the complexities of the short sale process and ensure that your rights are protected every step of the way. Contact our [Naperville short sale attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert, LLP by calling (630) 717-2783 to [schedule a consultation](https://www.covertlegal.com/contact-us/). With offices in Warrenville, Schaumburg, Naperville, and Joliet, we proudly serve clients throughout the Chicagoland metro area. Let us help you take the next step toward financial relief with confidence. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorney --- ### [Challenging Mortgage Lender Errors In Illinois Foreclosure Cases](https://www.covertlegal.com/challenging-mortgage-lender-errors-in-illinois-foreclosure-cases/) **Published:** October 28, 2024 **Author:** Brian Covert **Content:** As experienced Illinois foreclosure defense attorneys, we understand how stressful the foreclosure process can be. If you are facing the possibility of losing your property, please understand that you do have legal rights and options. One of the most effective ways to defend against foreclosure is by identifying and challenging mortgage lender errors. Mortgage lenders in Illinois are required to follow specific legal guidelines throughout the foreclosure process, and even minor mistakes can be grounds for contesting the foreclosure action. These errors might include miscalculations, improper notices, or failure to adhere to Illinois foreclosure laws. When we identify these lender errors, we can effectively challenge the foreclosure, potentially giving you the opportunity to save your home. This potential to save your home should provide hope and optimism during this challenging time. The foreclosure process in Illinois is governed by the Illinois Mortgage Foreclosure Law (IMFL), found under [735 ILCS 5/15-1101](https://casetext.com/statute/illinois-compiled-statutes/rights-and-remedies/chapter-735-civil-procedure/act-5-code-of-civil-procedure/article-xv-mortgage-foreclosure/part-11-general-provisions/section-735-ilcs-515-1101-title). The IMFL sets forth the legal procedures that lenders must follow when pursuing a foreclosure. For example, lenders must send a proper notice of default to the borrower and allow the homeowner time to address the alleged default. If a lender fails to provide this notice or sends it incorrectly, the foreclosure may be invalid. Lenders must also follow [Illinois Supreme Court Rules 113 and 114](https://www.illinoiscourts.gov/supreme-court-rules/), which detail the requirements for mortgage lenders to verify their right to foreclose on the property. Mortgage lender errors can occur at various stages of the foreclosure process. Common errors include: - Inaccurate accounting of mortgage payments - Improper application of fees - Miscalculations of the outstanding loan balance These errors often lead to inflated amounts owed by the homeowner, which can result in an unjust foreclosure. By carefully examining the lender’s records, our attorneys can identify these errors or discrepancies and present a strong defense on your behalf. It’s also important to ensure that the lender possesses the original promissory note. Illinois law requires lenders to demonstrate their standing by proving they have the right to foreclose on the property. If the [mortgage](https://www.covertlegal.com/potential-errors-by-mortgage-servicer-leading-to-foreclosure/) lender is unable to produce the original note, we can challenge their authority to proceed with the foreclosure. This strategy has successfully stopped foreclosure actions, allowing homeowners to explore options like loan modifications or repayment plans. When challenging a foreclosure, it’s critical to examine whether the lender complied with all pre-foreclosure requirements. Under [735 ILCS 5/15-1504](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1504), lenders must file a complaint that includes specific information, such as the nature of the default, the amount due, and evidence of compliance with applicable federal and state regulations. Failure to include this information can result in the dismissal of the foreclosure action. ## **Call Our Illinois Foreclosure Defense Attorney For Legal Help** At Covert Marrero Covert LLP, we understand the stress and uncertainty that foreclosure can bring. Our team of experienced Illinois foreclosure defense attorneys is ready to help you identify and challenge mortgage lender errors, providing you with the best possible chance to protect your home. Contact our [Illinois foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at (630) 717-2783 to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Let us provide the guidance and support you need to explore your options and protect your home. With offices located in Warrenville, Schaumburg, Naperville, and Joliet, we are committed to serving clients throughout the entire Chicagoland metro area. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [How Domestic Violence Can Impact Child Custody In Illinois](https://www.covertlegal.com/how-domestic-violence-can-impact-child-custody-in-illinois/) **Published:** February 6, 2024 **Author:** Brian Covert **Content:** Child custody cases in Illinois are complex and sensitive, especially when allegations of domestic violence are involved. The state’s legal system prioritizes the child’s welfare and security, leading to thorough and meticulous evaluations in instances where domestic violence is alleged. This report examines how domestic violence impacts child custody decisions in Illinois, referencing specific laws and statutes to offer a clear understanding of the subject. ## Understanding Illinois’ Legal Stance on Child Custody and Domestic Violence In Illinois, child custody is decided by determining the best interests of the child, as outlined in the [Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/)](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086). The Act mentions several factors that courts consider while making custody decisions, emphasizing the child’s safety and emotional well-being. ### Ensuring Child Safety Amidst Domestic Violence - **Primary Consideration of Child’s Safety** – Under the [Illinois Domestic Violence Act of 1986](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100), the child’s safety is paramount. When one parent has a history of domestic violence, the court takes this into account as a major factor. This doesn’t automatically disqualify the abusive parent from custody or visitation rights, but it does weigh heavily in the court’s decisions. - **Evidence and Documentation** – Courts require substantial evidence of domestic violence, which could include police reports, restraining orders, medical records, and witness testimonies. This evidence plays a crucial role in influencing custody outcomes. - **Supervised Visitation and Custody** – In cases where the court finds a credible threat to the child’s well-being due to domestic violence, it may order supervised visitation. This means the abusive parent can only visit the child in a controlled environment under supervision. - **Parenting Classes and Counseling** – The court may also mandate the abusive parent to undergo parenting classes or counseling as a condition for visitation or custody. This step aims to address the underlying issues contributing to the abusive behavior. - **Modification of Existing Custody Orders** – If domestic violence is reported after a custody order is already in place, the court may modify the order to protect the child. This might involve reducing or eliminating unsupervised visits or changing custody arrangements. Domestic violence significantly impacts child custody decisions in Illinois. The state’s approach is to ensure the child’s safety and emotional well-being while also considering both parents’ rights. Evidence of domestic violence is taken seriously and can lead to supervised visitations, mandatory counseling, or even a change in custody arrangements. Parents involved in child custody cases in Illinois must understand their legal rights and seek appropriate legal counsel to navigate these complex and sensitive issues effectively. ## Modification of Existing Custody Orders in Illinois Due to Domestic Abuse Modifying existing child custody orders in Illinois due to domestic abuse involves a specific legal process that prioritizes the safety and well-being of the child. Here is an overview of the steps involved: 1. **Establishing Grounds for Modification** – The petitioner (the person seeking the modification) must demonstrate a substantial change in circumstances since the last custody order. In cases of domestic abuse, this would involve providing evidence of the abuse, such as police reports, protective orders, medical records, testimonies, or other relevant documentation. 2. **Filing a Petition for Modification** – The next step is to file a petition for the modification of the custody order with the family court that issued the original order. This petition should clearly state the reasons for the request, specifically highlighting instances of domestic abuse. 3. **Serving the Abusive Parent** – After filing the petition, the other parent must be formally notified (served) with the court documents. This ensures that the other parent is aware of the proceedings and has an opportunity to respond. 4. **Attending Court Hearings** – The court will schedule hearings where both parties can present their arguments and evidence. In cases involving domestic abuse, the court will pay special attention to the evidence of abuse and its impact on the child’s safety and well-being. 5. **Court’s Evaluation** – The court evaluates all presented evidence in the context of the child’s best interests. Illinois law mandates the court to consider factors like the child’s safety, the physical, mental, and emotional health of all parties involved, and the potential for further domestic violence. 6. **Possible Court-Ordered Evaluations** – The court may order psychological evaluations, parenting assessments, or involve child protective services to gain a complete understanding of the family’s dynamics and the implications of the alleged abuse. 7. **Issuing a Modified Custody Order** – If the court finds that the child’s welfare is at risk due to domestic abuse, it may modify the custody arrangement. This could include granting sole custody to the non-abusive parent, setting supervised visitation for the abusive parent, or making other arrangements to protect the child’s safety. 8. **Enforcement of the Modified Order** – Once the court issues a modified custody order, it is legally binding. Failure to comply with the terms of the modified order can result in legal consequences. 9. **Post-Judgment Modifications** – If circumstances change in the future, either party can file for a further modification of the custody order, following a similar process. In cases involving child custody and domestic abuse, it is crucial for the parties involved to seek legal counsel as quickly as possible. Our experienced child custody attorney provides guidance, represents the client’s interests in court, and helps navigate the complexities of the legal system. Additionally, involving support services for domestic abuse victims can be critical for the safety and well-being of those affected. ## Call Our DuPage County Child Custody Lawyers for Legal Support! If you are dealing with child custody issues in [Illinois](https://www.covertlegal.com/what-crimes-are-increasing-in-illinois/), you don’t have to face these difficulties alone. At Covert Marrero Covert LLP, we have the compassion and dedication you need to address your child custody concerns. Contact our DuPage County child custody attorneys at [630-717-2783](tel:16307172783) for your [free case evaluation and consultation](https://www.covertlegal.com/contact-us/). Let our experienced legal team help you protect your child’s best interests. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Child Custody Lawyer **Tags:** child custody, domestic violence --- ### [Common Misconceptions About Filing For Bankruptcy in Illinois](https://www.covertlegal.com/common-misconceptions-about-filing-for-bankruptcy-in-illinois/) **Published:** July 29, 2024 **Author:** Brian Covert **Content:** Bankruptcy is often surrounded by a cloud of misconceptions and misinformation, which can deter individuals from seeking the financial relief they need. As a DuPage County bankruptcy lawyer with decades of experience, I want to clarify some of these common misconceptions about [filing for bankruptcy in Illinois](https://www.isba.org/public/guide/bankruptcy) under both state and federal law. My goal is to provide you with accurate information so you can make informed decisions about your financial future. One common misconception is that filing for bankruptcy will ruin your credit forever. While it’s true that bankruptcy can have a significant impact on your credit score, this effect is not permanent. In fact, many people find that their credit scores begin to improve within one to two years after their bankruptcy discharge. Bankruptcy provides a fresh start, a beacon of hope that allows you to rebuild your credit by managing your finances more responsibly post-bankruptcy. Another myth is that you will lose all your assets if you file for bankruptcy. This is a major concern for many, but it’s largely unfounded. Illinois law allows for various exemptions that can protect certain types of property during bankruptcy proceedings. For example, your home, car, personal belongings, and retirement accounts can often be safeguarded to some extent. Chapter 13 bankruptcy, in particular, permits you to keep your assets while reorganizing your debts into a manageable repayment plan. Some people believe that only irresponsible spenders file for bankruptcy. This couldn’t be further from the truth. Many individuals who file for bankruptcy do so because of unforeseen circumstances such as medical bills, job loss, or divorce. These events can happen to anyone, and filing for bankruptcy is a responsible step toward regaining control over one’s financial situation. There is also a misconception that you can only file for bankruptcy once in your lifetime. While there are limits on how often you can file, it’s not a once-in-a-lifetime option. You can file for [Chapter 7 bankruptcy](https://www.covertlegal.com/practice-areas/chapter-7-bankruptcy/) once every eight years, and Chapter 13 can be filed more frequently, depending on the specifics of your case and the outcome of previous filings. It’s important to understand the rules and timelines, which a knowledgeable bankruptcy attorney can help you navigate. ## Bankruptcy Doesn’t Eliminate All Debt Many people think that bankruptcy will eliminate all their debts. While bankruptcy can discharge many types of unsecured debt, such as credit card debt and medical bills, there are certain obligations that bankruptcy typically does not discharge. These include student loans, child support, alimony, and certain tax debts. Understanding what debts can be discharged is very important when evaluating whether bankruptcy is the right solution for your financial issues. Some individuals worry that filing for [bankruptcy](https://www.covertlegal.com/what-to-look-for-when-hiring-a-bankruptcy-attorney/) is complicated and overwhelming. While it’s true that the process involves detailed paperwork and adherence to specific legal procedures, you don’t have to go through it alone. Hiring an experienced bankruptcy lawyer can significantly simplify the process. A bankruptcy attorney can help you understand the legal requirements, prepare the necessary paperwork, and guide you through court proceedings. At Covert Marrero Covert LLP, we are here to guide you through every step, ensuring that you understand your options and make the best choices for your situation. Finally, there’s a misconception that you should only consider bankruptcy as a last resort. While it is a serious decision, waiting too long to file can actually worsen your financial situation. If you are struggling with insurmountable debt, speaking with a bankruptcy attorney sooner rather than later can provide you with options that you may not have known were available. Bankruptcy is not a sign of failure but a legal process designed to give people a fresh start. It should be considered a viable option when appropriate. ## Illinois Bankruptcy FAQs ### What are the main types of bankruptcy available to individuals in Illinois? In Illinois, the two main types of bankruptcy for individuals are Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidating non-exempt assets to pay off unsecured debts. In contrast, Chapter 13 permits you to keep your property and repay debts over a three to five-year period under a court-approved plan. ### How long does a bankruptcy stay on my credit report? A Chapter 7 bankruptcy will stay on your credit report for up to 10 years from the date of filing. A Chapter 13 bankruptcy will remain on your credit report for up to 7 years. However, this doesn’t mean your credit will be impacted negatively for the entire duration; many people see improvements much sooner. ### Can I file for bankruptcy without an attorney? While it’s legally possible to file for bankruptcy without a bankruptcy attorney, it is not recommended. The process is complex and involves numerous legal requirements and deadlines. An experienced bankruptcy lawyer ensures that your case is handled correctly and efficiently, potentially preventing costly mistakes. ### Will I lose my home if I file for bankruptcy? Not necessarily. Illinois has a homestead exemption that allows you to protect a certain amount of equity in your home. Additionally, Chapter 13 bankruptcy can help you catch up on mortgage payments and keep your home. Each case is unique, so it’s important to discuss your specific situation with an attorney. ### Are all my debts discharged in bankruptcy? No, not all debts are dischargeable in bankruptcy. Common non-dischargeable debts include student loans, child support, alimony, and certain taxes. However, many unsecured debts like credit card debt and medical bills can be discharged. ### How can Covert Marrero Covert LLP help me with my bankruptcy case? At Covert Marrero Covert LLP, our experienced DuPage County bankruptcy lawyers provide personalized guidance throughout the bankruptcy process. We help you understand your options, protect your assets, and develop a plan to achieve financial stability. Our team is committed to ensuring that you receive the best possible outcome for your situation. ### Why Choose Covert Marrero Covert LLP? Facing debt issues can be overwhelming, but you don’t have to go through it alone. The DuPage County bankruptcy lawyers at Covert Marrero Covert LLP have decades of experience helping clients navigate the complexities of bankruptcy law. We understand the intricacies of both Illinois and federal bankruptcy laws and use this knowledge to protect your interests and secure a fresh financial start for you. Our approach is client-focused, providing you with personalized attention and tailored solutions that address your unique financial situation. We are committed to helping you achieve the best possible outcome, whether you are considering Chapter 7 or Chapter 13 bankruptcy. Our track record of success speaks for itself, and we are ready to put our experience to work for you. ## Call Our DuPage County Bankruptcy Lawyers For Debt Relief If you are facing overwhelming debt, it’s time to take control of your financial future. Contact the experienced [DuPage County bankruptcy lawyers](https://www.covertlegal.com/practice-areas/chapter-13-bankruptcy/) at Covert Marrero Covert LLP today by calling 630-717-2783 to [schedule your consultation](https://www.covertlegal.com/contact-us/). We offer comprehensive bankruptcy services to clients throughout the Chicago metro area, with offices in Warrenville, Schaumburg, Naperville, and Joliet. Our team is here to discuss your case and help you find the best solution for your financial challenges. Call us now and take the first step towards a brighter financial future. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Lawyer --- ### [How A Loan Modification Lawyer Can Help Save Your Home](https://www.covertlegal.com/how-a-loan-modification-lawyer-can-help-save-your-home/) **Published:** April 29, 2024 **Author:** Brian Covert **Content:** A loan modification is a process wherein the terms of a mortgage loan are modified or adjusted to make the monthly payments more manageable for the borrower. This adjustment may involve reducing the interest rate, extending the loan term, or reducing the principal balance. Loan modifications are typically sought by homeowners who are struggling to keep up with their mortgage payments due to financial hardships such as job loss, medical expenses or other unforeseen circumstances. A loan modification lawyer plays a crucial role in helping homeowners navigate the loan modification process effectively. They are legal professionals with experience in [real estate law](https://ilga.gov/legislation/ilcs/documents/020506350K1-4.htm) and mortgage lending practices who advocate on behalf of homeowners to negotiate with lenders and secure favorable loan modification terms. These lawyers have a deep understanding of the complexities involved in loan modifications and work tirelessly to protect their client’s interests and help them save their homes from foreclosure. ## Assessment Of Financial Situation ### Evaluation Of Current Mortgage Terms And Financial Circumstances The first step in the loan modification process is for the lawyer to conduct a thorough evaluation of the homeowner’s current mortgage terms and their overall financial situation. This evaluation includes reviewing the terms of the existing loan, assessing the borrower’s income, expenses, assets, and liabilities, and identifying any factors contributing to their financial hardship. ### Identification of Eligibility For Loan Modification Programs Based on the assessment of the homeowner’s financial situation, the lawyer will determine their eligibility for various loan modification programs offered by lenders or government agencies. These programs may have specific eligibility criteria based on factors such as income level, loan-to-value ratio, and the severity of financial hardship. The lawyer will help the homeowner understand their options and determine the best course of action to pursue a loan modification. ### Negotiation With Lenders Once eligibility for a loan modification program is established, the lawyer will work with the homeowner to prepare a comprehensive loan modification proposal to present to the lender. This proposal outlines the requested changes to the loan terms and provides supporting documentation to justify the need for modification based on the homeowner’s financial hardship. The lawyer serves as the homeowner’s advocate in negotiations with the lender, advocating for favorable terms and conditions that align with the homeowner’s financial capabilities and long-term housing needs. The negotiation process may include: - Seeking lower interest rates. - Extending the loan term. - Reducing the principal balance to make the monthly payments more affordable. Throughout the negotiation process, the lawyer communicates with the lender on behalf of the homeowner, addressing any questions or concerns that arise and providing additional information or documentation as needed. Having legal representation ensures that the homeowner’s interests are protected and that their rights are upheld during the negotiation process. ## Legal Experience and Protection ### Ensuring Compliance With Legal Requirements And Regulations One of the key roles of a loan modification lawyer is to ensure that the loan modification process complies with all applicable legal requirements and regulations. They are well-versed in federal and state laws governing mortgage lending and [foreclosure prevention](https://www.isba.org/ibj/2012/06/housingcrisisinterventionforeclosur), ensuring that the homeowner’s rights are protected throughout the process. ### Protection Against Foreclosure Proceedings In cases where foreclosure proceedings have been initiated or are imminent, the lawyer provides essential legal protection for the homeowner. They may file legal motions or petitions to halt foreclosure proceedings temporarily while negotiations for a loan modification are underway, giving the homeowner time to explore alternatives to foreclosure and save their home. ### Resolution Of Legal Issues Related To Loan Modification If any legal issues or disputes arise during the loan modification process, the lawyer works to resolve them promptly and effectively on behalf of the homeowner. This process may involve negotiating with the lender, filing legal pleadings, or representing the homeowner in court proceedings to resolve the issue and move forward with the loan modification. ## Long-Term Financial Planning ### Development Of Sustainable Repayment Plans In addition to securing a loan modification, the lawyer helps the homeowner develop a sustainable repayment plan that aligns with their long-term financial goals and ensures their ability to maintain homeownership stability. The repayment plan may involve budgeting assistance, debt management strategies, and referrals to financial counseling services to help the homeowner manage their finances responsibly. ### Guidance On Managing Future Financial Obligations The lawyer provides ongoing guidance and support to the [homeowner](https://www.covertlegal.com/how-can-i-protect-my-home-in-an-illinois-divorce/) on managing future financial obligations and maintaining financial stability. This guidance includes advice on budgeting, saving, and managing credit to avoid future financial hardships and reduce the risk of default on mortgage payments. ### Support In Maintaining Homeownership Stability Ultimately, the goal of the loan modification lawyer is to help the homeowner achieve long-term homeownership stability and financial security. They provide ongoing support and assistance to ensure that the homeowner remains on track with their repayment plan and has the resources and tools needed to navigate any future financial challenges successfully. ## Contact Our Naperville Home Loan Modification Lawyer For Exceptional Representation Trying to manage your home loan modification without a knowledgeable legal advocate can make things much more complicated and difficult. To ensure that your home loan modification process receives the utmost skill and attention, contact our [Naperville home loan modification lawyer](https://www.covertlegal.com/practice-areas/home-loan-modifications/) at Covert Marrero Covert LLP by calling (630) 717-2783 for an initial consultation. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Home Loan Modification Lawyer --- ### [How A Deed-In-Lieu Of Foreclosure Can Help You Avoid Long-Term Credit Damage](https://www.covertlegal.com/how-a-deed-in-lieu-of-foreclosure-can-help-you-avoid-long-term-credit-damage/) **Published:** December 30, 2024 **Author:** Brian Covert **Content:** Facing foreclosure is an overwhelming experience, especially when the future of your financial stability is at stake. Many Illinois homeowners feel trapped between their inability to keep up with mortgage payments and the damage a foreclosure can do to their credit score. However, a deed-in-lieu of foreclosure offers a potential solution to avoid the lasting harm foreclosure can cause. This process allows homeowners to transfer ownership of their property to the lender voluntarily, effectively resolving the mortgage debt. While it’s not the right solution for everyone, a deed-in-lieu of foreclosure can be a viable option for many Illinois homeowners looking to protect their credit and move forward. Under Illinois foreclosure laws, lenders are required to follow specific procedures outlined in the Illinois Mortgage Foreclosure Law (IMFL), [735 ILCS 5/15-1101 et seq](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1101). This statute governs foreclosure actions, including alternatives such as deeds-in-lieu. Unlike a traditional foreclosure, a deed-in-lieu often avoids the public auction process and the accompanying stigma. This alternative resolution helps both lenders and borrowers reach an agreement that satisfies the debt without prolonged legal proceedings. It’s important to understand your rights under the IMFL and ensure the lender agrees to release you from further financial obligations related to the mortgage. ## Benefits Of A Deed-In-Lieu Of Foreclosure One of the major benefits of a deed-in-lieu of foreclosure is the reduced impact on your credit score. While this process will still negatively affect your credit, the damage is typically less severe than that caused by a foreclosure. Additionally, since the process is voluntary and avoids legal judgments, it minimizes the risk of a deficiency judgment—where the lender seeks repayment for the remaining loan balance if the property’s value doesn’t cover the debt. It’s also crucial to consider potential tax implications. Forgiveness of the debt through a deed-in-lieu may be treated as taxable income under federal and Illinois tax laws unless you qualify for exemptions. This is why consulting a legal professional to address these concerns is essential before committing to this option. Properly negotiating the terms of the agreement with the lender can help eliminate future liability and provide a clean slate. If you’re considering a deed-in-lieu of foreclosure, we encourage you to explore all your options carefully. This decision involves significant legal and financial ramifications that require a clear understanding of Illinois foreclosure laws and the terms of the lender’s agreement. Our team is here to guide you through the process and protect your interests. ## Deed-In-Lieu Of Foreclosure Frequently Asked Questions ### What Is A Deed-In-Lieu Of Foreclosure? A deed-in-lieu of foreclosure is an agreement where a homeowner voluntarily transfers ownership of their property to the lender to satisfy the mortgage debt. This process is an alternative to foreclosure and may help avoid the long-term credit damage and public proceedings associated with traditional foreclosure actions. ### Can A Deed-In-Lieu Of Foreclosure Completely Eliminate My Debt? In many cases, a deed-in-lieu of foreclosure resolves the mortgage debt, but it’s essential to ensure the lender agrees in writing to waive their right to pursue a deficiency judgment. Without this waiver, you could still be held responsible for the remaining loan balance if the property’s value is less than the outstanding debt. ### How Does A Deed-In-Lieu Of Foreclosure Impact My Credit? While a deed-in-lieu of foreclosure does affect your credit score, the impact is typically less severe than a foreclosure. It is recorded as a settled debt rather than a forced sale, which can make it easier to rebuild your credit over time. ### Am I Eligible For A Deed-In-Lieu Of Foreclosure? Eligibility depends on the lender’s requirements and the specific circumstances of your mortgage. Generally, lenders will consider this option if the property has no other liens and if the homeowner cannot make payments due to financial hardship. ### Will I Owe Taxes On Forgiven Mortgage Debt In Illinois? Mortgage debt forgiven through a deed-in-lieu may be considered taxable income under federal and Illinois tax laws. However, certain exemptions may apply, such as those provided under the Mortgage Forgiveness Debt Relief Act. Consulting with a legal or tax professional is important to address this issue. ### Can I Use A Deed-In-Lieu Of Foreclosure For Investment Properties? Deeds-in-lieu are generally used for primary residences, but some lenders may allow this process for investment properties depending on the circumstances. Negotiating this type of arrangement requires legal assistance to ensure you meet all conditions. ## Contact Our Chicago Business Property Foreclosure Defense Attorney For Your Free Consultation If you’re facing foreclosure, you don’t have to face these challenges alone. At Covert Marrero Covert LLP, we provide personalized legal support to help Illinois homeowners understand their options under state foreclosure laws. Our experienced attorneys are dedicated to protecting your rights and helping you pursue alternatives like a deed-in-lieu of foreclosure to avoid long-term credit damage. Contact our [Naperville foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert, LLP by calling (630) 717-2783 to [schedule a consultation](https://www.covertlegal.com/contact-us/). Our offices are conveniently located in Warrenville, Schaumburg, Naperville, and Joliet, Illinois, and we proudly serve clients throughout the Chicagoland metro area. Take the first step toward resolving your mortgage challenges with skilled legal guidance. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Key Strategies For Defending Against Business Property Foreclosure In Illinois](https://www.covertlegal.com/key-strategies-for-defending-against-business-property-foreclosure-in-illinois/) **Published:** December 2, 2024 **Author:** Brian Covert **Content:** Facing foreclosure on your business property is a stressful experience. Losing a valuable asset doesn’t just threaten your livelihood—it also impacts your employees and customers. We understand how vital it is to protect your investment and keep your business operating smoothly. Fortunately, in Illinois, there are legal strategies that can help you fight foreclosure and retain your business property. Our goal is to guide you through these options so you can make well-informed decisions during this difficult time. ### The Illinois Mortgage Foreclosure Law One approach is to examine whether the lender has followed the Illinois Mortgage Foreclosure Law ([735 ILCS 5/15-1101 et seq.](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1101)). Lenders must adhere to specific procedures when initiating foreclosure actions, including providing proper notice and documentation. We will investigate whether the lender met all legal obligations; any lapses on their part could give us grounds to challenge the foreclosure. ### Loan Modification or Restructuring Negotiating a loan modification or restructuring is another viable strategy. By working directly with your lender to adjust the terms of your mortgage—such as interest rates, payment schedules, or the loan’s duration—you might secure a financial arrangement that’s more manageable. While Illinois law doesn’t force lenders to modify loans, demonstrating your willingness to comply with new terms can encourage them to consider this option. ### Chapter 11 Bankruptcy Filing for bankruptcy protection under Chapter 11 can temporarily halt foreclosure proceedings. This legal action triggers an automatic stay under federal law ([11 U.S.C. § 362](https://www.law.cornell.edu/uscode/text/11/362)), which stops creditors from pursuing collection activities, including foreclosure. Chapter 11 allows your business to reorganize debts and develop a feasible repayment plan while continuing operations. We’ll help you assess whether this option aligns with your long-term business objectives. ### Challenging The Validity We may also challenge the validity of the mortgage or promissory note. If there are errors or inconsistencies in the loan documents, or if the lender can’t prove ownership of the debt, we can contest the foreclosure on these grounds. Additionally, investigating potential violations of federal laws like the Truth in Lending Act ([15 U.S.C. § 1601 et seq](https://www.ftc.gov/legal-library/browse/statutes/truth-lending-act).) or the Real Estate Settlement Procedures Act ([12 U.S.C. § 2601 et seq.](https://www.law.cornell.edu/uscode/text/12/2601)) might uncover lender misconduct, which could strengthen your defense. ## Business Foreclosure FAQs ### What Rights Do I Have During The Foreclosure Process In Illinois? In Illinois, you have the right to be properly notified of the foreclosure action through a summons and complaint, as mandated by the Illinois Mortgage Foreclosure Law ([735 ILCS 5/15-1504](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1504)). You are entitled to respond to the lawsuit and present any defenses or objections. Additionally, you have the right to reinstate the mortgage by paying the past-due amount, including fees and costs, before the foreclosure judgment is entered ([735 ILCS 5/15-1602](https://ilga.gov/legislation/ilcs/documents/073500050K15-1602.htm)). After the sale of the property, you may also have a redemption period during which you can reclaim your property by paying the full amount owed ([735 ILCS 5/15-1603](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1603)). ### Can Negotiating With The Lender Help Stop The Foreclosure? Yes, negotiating with your lender can be an effective way to halt foreclosure proceedings. Lenders often prefer to avoid the time and expense associated with foreclosure and may be open to modifying the loan terms. This could involve adjusting the interest rate, extending the loan term, or temporarily reducing payments. We can assist you in presenting a compelling case to your lender, demonstrating your willingness and ability to adhere to new terms that are sustainable for your business. ### How Does Filing For Bankruptcy Affect My Business Property Foreclosure? Filing for bankruptcy, particularly under Chapter 11, imposes an automatic stay on all collection activities, including foreclosure ([11 U.S.C. § 362](https://www.law.cornell.edu/uscode/text/11/362)). This means that the foreclosure process is paused, giving you time to reorganize your debts and develop a repayment plan. During this period, you can propose a strategy to manage your liabilities while keeping your business operational. We can guide you through the bankruptcy process, ensuring that you comply with all legal requirements and make the most of the protections available to you. ### Contact Our Chicago Business Property Foreclosure Defense Attorney For Your Free Consultation At Covert Marrero Covert, LLP, we are committed to helping businesses defend against property foreclosure in Illinois. We understand the complexities of foreclosure law and the impact it can have on your operations. Our dedicated attorneys work tirelessly to protect your interests and explore all possible avenues to prevent the loss of your commercial property. If you are facing foreclosure on your business property, we invite you to contact us for a free consultation. Contact our [Chicago business property foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert, LLP by calling (630) 717-2783 to [schedule a consultation](https://www.covertlegal.com/contact-us/). We represent clients throughout the Chicago Area from our office locations in Warrenville, Naperville, Schaumburg, and Joliet, Illinois. Let us help you take proactive steps to safeguard your business and secure your financial future. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Business Property Foreclosure Defense Attorney --- ### [Top Strategies For Defending Against Foreclosure In Illinois](https://www.covertlegal.com/top-strategies-for-defending-against-foreclosure-in-illinois/) **Published:** September 2, 2024 **Author:** Brian Covert **Content:** Facing foreclosure in Illinois can be a very difficult experience, but there are effective strategies you can employ to defend your home. Understanding Illinois statutes and laws is essential in navigating this process and securing the best possible outcome. As an experienced Illinois foreclosure defense attorney, I am here to guide you through these strategies, ensuring that you are well-informed and prepared. ## Understanding Foreclosure In Illinois Illinois is a judicial foreclosure state, which means that lenders must go through the court system to foreclose on a property. This provides homeowners with opportunities to defend against foreclosure. The [Illinois Mortgage Foreclosure Law](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1508) (IMFL), codified under 735 ILCS 5/15-1101, outlines the procedures and protections available to homeowners. ### Loan Modification One of the first strategies is to seek a loan modification. This involves negotiating with your lender to change the terms of your mortgage, making your payments more affordable. The Illinois Homeowner Protection Act (IHPA), [735 ILCS 5/15-1504.5](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1504.5), encourages lenders to work with borrowers to modify loans. By demonstrating your ability to make modified payments, you can often prevent foreclosure. ### Filing for Bankruptcy Filing for bankruptcy can be an effective defense against foreclosure. Chapter 13 bankruptcy allows you to reorganize your debts and create a repayment plan, which includes catching up on missed mortgage payments over a period of three to five years. Under the federal Bankruptcy Code ([11 U.S.C. §§ 101 et seq.](https://www.uscourts.gov/services-forms/bankruptcy)), an automatic stay is placed on foreclosure proceedings once you file, providing temporary relief and the opportunity to save your home. ### Challenging the Foreclosure Challenging the foreclosure in court is another viable strategy. Illinois law requires lenders to prove they have the legal right to foreclose, including proper documentation and adherence to foreclosure procedures. Under [735 ILCS 5/15-1508](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1508), homeowners can contest the lender’s standing, question the accuracy of the mortgage balance, and assert defenses such as predatory lending practices or violations of the Illinois Consumer Fraud and Deceptive Business Practices Act ([815 ILCS 505/1](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2356&ChapterID=67;)). ### Short Sale or Deed in Lieu of Foreclosure If keeping your home is not feasible, negotiating a short sale or deed in lieu of foreclosure might be a better option. In a short sale, you sell your home for less than the outstanding mortgage balance, with the lender’s approval. A deed in lieu of foreclosure involves transferring the property title to the lender to satisfy the debt. Both options can mitigate the impact on your credit score and provide a more dignified exit from homeownership. ### Utilizing Mediation Programs Illinois offers foreclosure mediation programs designed to help homeowners and lenders reach a mutually agreeable solution. These programs, available in various counties, provide a structured environment for negotiations, often resulting in loan modifications, repayment plans, or other resolutions that can prevent foreclosure. Participating in mediation can buy you valuable time and increase your chances of retaining your home. ## Frequently Asked Questions About Foreclosure Defense In Illinois ### What is the first step I should take if I receive a foreclosure notice? The first step is to contact an experienced foreclosure defense attorney immediately. Time is of the essence, and having legal representation can significantly improve your chances of a favorable outcome. Your attorney will review the foreclosure notice, your mortgage documents, and any relevant communications from your lender to determine the best course of action. ### Can I stop a foreclosure once it has started? Yes, there are several ways to stop a foreclosure once it has started. Options include negotiating a loan modification, filing for bankruptcy, or participating in a foreclosure mediation program. Your attorney can help you explore these options and determine which is most appropriate for your situation. ### What happens during a foreclosure mediation? During foreclosure mediation, a neutral mediator facilitates discussions between you and your lender to reach a resolution. This process is designed to encourage communication and negotiation, allowing both parties to explore alternatives to foreclosure, such as loan modifications or repayment plans. Mediation can be a valuable tool in preventing foreclosure and achieving a mutually beneficial outcome. ### How does filing for bankruptcy affect foreclosure proceedings? Filing for bankruptcy, particularly Chapter 13, can halt foreclosure proceedings due to the automatic stay provision in the Bankruptcy Code. This stay temporarily stops all collection activities, including foreclosure, giving you time to create a repayment plan and catch up on missed mortgage payments. Bankruptcy can provide a structured path to financial recovery while protecting your home. ## Contact Our Illinois Foreclosure Defense Attorney For Legal Guidance If you are facing foreclosure, don’t navigate this challenging time alone. At Covert Marrero Covert LLP, we are committed to helping you defend your home and secure your future. Contact our [Illinois foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling us at (630) 717-2783 to [schedule your initial consultation](https://www.covertlegal.com/contact-us/). Let us provide the guidance and support you need to explore your options and protect your home. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [What Is A Class X Felony In Illinois?](https://www.covertlegal.com/what-is-a-class-x-felony-in-illinois/) **Published:** July 1, 2024 **Author:** Brian Covert **Content:** In Illinois, the criminal justice system categorizes felonies into different classes based on their severity. This classification system is part of a broader legal framework designed to maintain law and order in the state. A Class X felony represents one of the most serious types of crimes under Illinois law, carrying severe penalties and long-lasting legal consequences. Understanding the nature of a Class X felony, the types of crimes that fall under this category, and the potential penalties involved is crucial for anyone facing such charges or interested in the state’s criminal law framework. A Class X felony in Illinois is a designation reserved for the [most severe crimes](https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-25), just below first-degree murder, which has its own category. These are serious offenses that pose a significant threat to society. The state’s legal system imposes stringent punishments on these felonies, aiming to both penalize the offender and serve as a strong deterrent to others. ## Crimes Categorized as Class X Felonies Several types of criminal acts are classified as Class X felonies in Illinois. These include, but are not limited to: - Aggravated criminal sexual assault - Armed robbery - Home invasion - Certain drug offenses involving large amounts of controlled substances This classification is typically applied when the crime involves aggravating factors or when the defendant has a significant criminal history. For instance, possessing more than 15 grams of heroin or cocaine with intent to distribute can elevate a drug charge to a Class X felony level. The determination of a Class X felony charge is not arbitrary but follows a specific legal process, which we can explain in detail during a consultation. ## Penalties for Class X Felonies The penalties for being convicted of a Class X felony in Illinois are among the most severe in the state’s penal system. These penalties include: - **Mandatory prison sentences** – The term for a Class X felony ranges from 6 to 30 years in state prison, with no possibility of probation or conditional discharge. - **Extended term sentences** – In cases involving aggravating factors, such as prior convictions or particularly heinous acts, the court can impose an extended term sentence of up to 60 years. - **Fines** – Conviction can also result in fines of up to $25,000 or the total street value of any drugs involved in drug-related offenses. ## Impact of a Class X Felony Conviction The implications of a Class X felony conviction are not limited to the immediate legal penalties. They can have a profound and lasting impact on the individual’s life. Convicted individuals may face significant challenges, including employment difficulties, social stigma, and a permanent criminal record that can affect housing, educational opportunities, and more. - **Loss of civil rights** – Such as voting and firearm ownership. - **Employment difficulties** – Many employers are hesitant to hire someone with a felony record, especially one as serious as a Class X felony. - **Social stigma** – Convicted individuals often experience significant social ostracism. - Certain drug offenses involving large amounts of controlled substances - **Permanent criminal record** – This can affect housing, educational opportunities, and more. Given these severe consequences, it is crucial for anyone charged with a Class X felony to seek competent legal representation immediately. ## Legal Defense for Class X Felonies Defending against a Class X felony charge requires a strategic and well-planned legal defense. Experienced criminal defense attorneys can employ several tactics depending on the specifics of the case. These can include challenging the evidence presented, questioning the legality of how evidence was obtained, or negotiating plea deals to reduce charges where appropriate. They can also explore potential defenses based on the circumstances of the case, such as self-defense, lack of intent, or mistaken identity. Understanding these potential defenses can help you make informed decisions about your legal strategy. ## Why Legal Representation Matters The complexity and seriousness of Class X felony charges underscore the need for skilled legal counsel. A qualified criminal defense lawyer can make a substantial difference in the outcome of the case, ensuring that the defendant’s rights are protected throughout the legal process and presenting the strongest possible defense. This can provide a sense of reassurance and empowerment in a challenging situation. ## Charged With Class X Felony? Call Our Criminal Defense Lawyers in DuPage County If you or someone you know is facing a Class X felony charge in Illinois, it’s essential to act quickly to protect your rights and future. Early intervention by a competent legal professional can significantly impact the outcome of your case. They can help you understand the charges against you, guide you through the legal process, and start building a strong defense strategy. At Covert Marrero Covert LLP, our experienced criminal defense lawyers are prepared to provide you with the robust defense you need. Contact our [criminal defense lawyers in DuPage County](https://www.covertlegal.com/practice-areas/misdemeanor-felony-defense/) today at 630-717-2783 to receive a free consultation to discuss your case and learn how we can help you navigate these challenging legal waters. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Criminal Defense Lawyer --- ### [Understanding the Role of Hardship Letters in a Short Sale](https://www.covertlegal.com/understanding-the-role-of-hardship-letters-in-a-short-sale/) **Published:** July 6, 2017 **Author:** Brian Covert **Content:** If you are a homeowner finding it difficult to make regular mortgage payments, you may want to consider a short sale for your home. But for executing a short sale, you need to get approval from your lender. The process can be initiated by writing a hardship letter which comprises of details about your reasons of going for a short sale. **What is a Hardship Letter?** A hardship letter is an essential part of documentation when you are making an application or request for a [short sale](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to your lender. The letter provides the lender a clear picture of your current situation and what circumstances led to your financial difficulties. This letter should have sufficient evidence, such as bank statements, a financial statement, tax returns, pay stubs, and any other documentation that can support your case. The final decision of your lender is influenced by several factors, aside from what reasons you have presented in your hardship, especially their own financial concerns. However, most government short sale programs and lender programs require homeowners to demonstrate their financial hardship in order to explain their inability to make mortgage payments, and why they think a [short sale](https://www.covertlegal.com/how-can-a-short-sale-save-your-credit-score/) is the most viable option. **What Constitutes as “Hardship”** Hardship is defined as a situation that is beyond an individual’s control, and results in circumstances where a mortgager is unable to afford mortgage payments. There are several situations that may cause hardship and qualify for a short sale consideration by your lender, including, but not limited to: - Energy-Environmental costs - Excessive obligations - Fraud - Illness of principal mortgagor or a family member - Incarceration - Job relocation - Military Service - Natural disaster - Payment adjustment - Payment dispute - Property problems (construction litigation, roof leaks, etc.) - Reduction in monthly income - Separation or divorce - Servicing problems - Transfer of ownership pending - Unemployment **Important Parts of a Hardship Letter** When writing a hardship letter to your lender, make sure to include the following: - Your complete contact information, such as your address, phone number, loan number, and address of the property you want to short sale (if you are living in a different house) - A request to your lender in a respectful and polite way, asking them to give approval for a short sale of your home - A complete explanation of your current situation and the circumstances leading to the hardship, and also include the timing of the incident - Tell the lender what steps you have taken to cope with your situation - Acknowledge that your attempts have not worked and the only way for you to keep your home from being foreclosed is to go for a short sale - A short paragraph explaining that you have tried your best to make timely payments and that you wanted to keep the property, but due to the circumstances, things have not worked out well for you - A sentence or two for thanking the lender for considering your request Lastly, make sure to attach all relevant documentation that can support your hardship and the request for a short sale. The entire process of getting approval for short sale and executing the short sale is complex and riddled with legal hurdles. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today and let our short sale attorney help with your case. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [What You Need to Know About Child Custody in Illinois](https://www.covertlegal.com/what-you-need-to-know-about-child-custody-in-illinois/) **Published:** March 10, 2021 **Author:** Brian Covert **Content:** Determining child custody in Illinois can be one of the most emotionally charged and complex parts of the process. While mothers used to have an unfair advantage in custody cases, today, both parents have an equal opportunity to win. In a divorce proceeding, there are no winners, only broken families. During a case, the judge makes a decision based on the child’s best interests and it differs from case to case. **Who Can Ask For Child Custody In Illinois?** [Either parent can ask for custody](https://law.justia.com/codes/illinois/2019/chapter-750/act-750-ilcs-5/part-vi/) of their children or they may agree to joint custody. You can also ask the court to determine this if: - You are unsure who the parent of the child is. - You want to be the legal guardian of the child. - You are not married to the parent of the child but wish to determine custody. You can also receive a temporary custody order if your divorce is in progress. **How Child Custody Is Determined** The court considers the following when making a decision regarding [child custody](https://www.covertlegal.com/how-domestic-violence-can-impact-child-custody-in-illinois/) in Illinois: - The opinion of the child and the parents. - Whether both parents will work to create a bond with the child and with each other. - How the child will cope in the community, at home, and in school after the divorce. - Whether the parents can work together for the best interests of the child. - The relationship of the child with family members and people who are close to the family. - Whether either of the parents is a [sex offender](https://www.ilga.gov/legislation/BillStatus.asp?DocNum=5523&GAID=8&DocTypeID=HB&LegId=24805&SessionID=50&GA=94). - The physical and mental health of the people involved in the child’s life and upbringing. - If the child would remain safe or will be abused by either parent. The state allows joint, sole, and split custody but in most cases, the court prefers that both parents remain involved with their child. While joint custody is not awarded in every case, it is granted if the judge determines it is in the best interest of the child. If you are in search of an attorney who specializes in [child custody](https://www.covertlegal.com/how-domestic-violence-can-impact-child-custody-in-illinois/) cases in Illinois, get in touch with us at [Covert Marrero Covert](https://www.covertlegal.com/) for a consultation today. Our law firm handles a range of cases from family law to child support, alimony, and even uncontested divorce. We offer our services in Warrenville, Naperville, and Schaumburg, IL. Get aggressive representation that you can count on. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Lawyer **Tags:** child custody --- ### [Foreclosure Defense: An Overview](https://www.covertlegal.com/foreclosure-defense-an-overview/) **Published:** January 9, 2019 **Author:** Brian Covert **Content:** Most people do not possess enough money to buy a house with cash, thus they opt for a mortgage to purchase a house by making monthly payments over several years. However, over time, there can be a change in circumstances; excessive debt and financial difficulties may render them unable to make their monthly mortgage payments. In such cases, the lending financial institution may decide to initiate foreclosure to recover the balance. [Facts available on Federal Deposit Insurance Corporation’s website](https://www.fdic.gov/about/comein/files/foreclosure_statistics.pdf) shows that 250,000 new families enter into foreclosure every quarter in the United States. The worst decision one can make under such circumstances is to delay the process by ignoring the foreclosure problem i.e. not taking any action. If you are facing foreclosure, you must take proactive [steps to avoid foreclosure](https://www.covertlegal.com/steps-to-take-when-buying-a-foreclosure/) at any cost. The first and foremost step should be to initiate negotiations with the lender to offer a lower interest rate, an extension of the loan, or temporary reduction in the monthly payment. If the negotiations do not succeed, your next step should be bringing an experienced [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) on board and prepare for a foreclosure battle in the court. **Foreclosure Defenses** There are different defenses available in case a threat of foreclosure is looming over your head. Your lawyer will try to find any mistakes that are made by the lender in the mortgage agreement or foreclosure processes such as calculation mistakes by the mortgage provider, improper notice of default, or failure to adhere to state-required procedures. Though most of the mistakes can be corrected and may not prevent foreclosure, it will buy you enough time to manage your finances and prepare a better defense. Moreover, a proficient [foreclosure defense lawyer](https://www.covertlegal.com/what-to-do-if-your-property-is-going-into-foreclosure/) is equipped with extensive knowledge related to foreclosure and astute negotiation skills, which will allow them to negotiate with the lender much more effectively during the settlement. Using their sharpened convincing skills, your attorney is likely to help you cut a deal to prevent foreclosure, possibly in the form of favorable mortgage terms that fit your budget. A seasoned foreclosure defense lawyer may also employ several other techniques to keep your rights as a borrower protected and prevent foreclosure. For instance, they may try to prove that the terms of the mortgage agreement were unconscionable, thus the contract is not binding and consequently, not enforceable. Some mortgage contracts and trust deeds also include a promissory note, which enables the lender to pursue their payment through your other financial assets. Your lawyer may seek short sale where the lender allows you to sell your home at a lower price than a mortgage or employ bankruptcy defense to ensure that your private assets remain protected. There are several legal and technical complexities involved pertaining to the foreclosure process, which makes it extremely difficult for an individual to comprehend and come up with a sound strategy. However, a skillful attorney will guide you through the process and help you devise a comprehensive foreclosure defense to mitigate the situation and find an optimal solution. If you wish to know more about this subject or speak with an experienced foreclosure defense lawyer, contact the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer --- ### [How Can I Protect My Home In An Illinois Divorce?](https://www.covertlegal.com/how-can-i-protect-my-home-in-an-illinois-divorce/) **Published:** August 7, 2023 **Author:** Brian Covert **Content:** During an Illinois divorce, a typical disagreement is who gets the house. There is no rule about who gets the house in this situation, but there are ways that you can protect your home and other assets if divorce occurs. Learn more in this article, and speak to our [DuPage County divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) to learn how to protect your assets in a divorce. ## Protect Yourself With A Prenuptial Agreement The first way to protect specific assets, such as a home, in a divorce, is to draft a prenuptial agreement before the marriage. A prenuptial agreement signed by you and your future spouse allows you to say which property, income, and debts are yours if the marriage ends. Any property, including bank accounts, retirement accounts, and real estate, that was yours before the marriage can be protected with a prenuptial agreement. If the house you lived in with your spouse was in your name before the marriage, having a prenuptial agreement can be essential to protect it after a divorce. Your prenuptial agreement also can have terms about spousal support, including amounts and duration. Talk to our DuPage County divorce lawyers today about drafting a prenuptial agreement to protect your home. If you are already married, you also can speak to your attorney about drafting a post-nuptial agreement. If your spouse signs, you can still ensure that a house you owned before the marriage remains yours if the marriage ends. ## Keep Assets In Your Name Only Suppose you owned the home before marriage, and you and your spouse moved into it after the wedding. If you want to protect the home in case of [divorce](https://www.covertlegal.com/frequently-asked-questions-about-illinoiss-divorce-laws/), it helps to keep the property in your name. You should not transfer the house into your spouse’s name because it is potentially marital property at that point and is subject to division in a divorce. You also should keep any bank accounts and retirement accounts in your name that you had before the marriage. By doing so, these assets should be protected in a divorce. ## Other Ways To Protect Assets In A Divorce There are other ways to protect assets after you are married. Some effective ways include: ### Use Separate Bank Accounts If you have joint bank accounts with your spouse, open accounts only in your name. But you should tell your spouse you have done this to coordinate your payments of monthly costs coming from the joint account. ### Do Not Have Joint Credit Cards If you have credit cards in both of your names, have your spouse help you pay them off and then close them. Only have credit cards in your name. Doing this makes it easier to determine what are marital debts and which are separate debts. ## Contact Our DuPage County Divorce Lawyers Today If you owned the marital home before you were married, there are things you should do to protect it if the marriage ends. If you have questions about protecting your home and other assets during a divorce, [contact our DuPage County divorce lawyer](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP at (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Lawyer **Tags:** prenuptial agreement lawyer --- ### [Short Sale - The Best Way to Avoid Foreclosure](https://www.covertlegal.com/short-sale-the-best-way-to-avoid-foreclosure/) **Published:** June 4, 2018 **Author:** Brian Covert **Content:** Falling behind in your mortgage payments can land you in a troublesome situation. If you find yourself in such a situation, you can either wait for your lender to initiate foreclosure proceedings or opt for a short sale. Most lawyers suggest that although short sales are tricky to pull off, they are a far better option for the borrower than foreclosure. The embarrassment and negative impact on your credit score that comes along with foreclosure makes a short sale a more viable option. But a short sale can only be possible if the mortgager agrees to it. Without the consent and [permission of the lender, you simply cannot](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1) opt for a short sale and will be forced to go into foreclosure. Therefore, it is imperative that you convince your lender to agree to a short sale. Getting the assistance of a [short sale lawyer](https://www.covertlegal.com/) can help you present your case to the lender in a more compelling and convincing manner. **How can a short sale lawyer help you?** Empowered by their experience, an attorney can build a case in favor of a short sale as opposed to foreclosure. By demonstrating to the lender that they can potentially benefit from opting for a short sale your lawyer can help you avoid a foreclosure. One of the advantages for the lender in a [short sale](https://www.covertlegal.com/common-problems-and-obstacles-with-short-sales/) is the shorter recovery time which means they can recover their money sooner. As borrowers stop making mortgage payments as soon as a property goes into foreclosure, the lender will have to wait several months before they can recover their money. Whereas, the short sale allows both sides to settle their affairs in a short time frame. Your short sale lawyer can also make the lender realize that you have legal representation and would devise a foreclosure defense if the lender decides to refuse the short sale. In most cases, lenders do not wish to waste their time in the litigious process as they are time consuming processes. Although, every case varies from one another, and only a short sale lawyer can advise you accordingly after carefully studying your situation and relationship with your lender. If you wish to know more about this subject and speak with an experienced foreclosure defense lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorney --- ### [What Is Real Estate Foreclosure and How Can You Avoid It?](https://www.covertlegal.com/what-is-real-estate-foreclosure-and-how-can-you-avoid-it/) **Published:** May 8, 2018 **Author:** Brian Covert **Content:** In an ever increasing inflation and unstable economic conditions, most of us have to opt for loans to make ends meet. Expenses such as college education, business overheads or healthcare costs can force a person to mortgage their real estate property. In some instances, people mortgage their properties to pay off other debts or to start their business. Real estate property is used as collateral in a mortgage. This means that the entity, mostly banks, who lends the money holds the title of the real estate until the loan has been repaid entirely with interest. In some cases, the lender is unable to pay the loan back which causes the lender to move towards foreclosure. Although a good foreclosure defense lawyer can help people avoid foreclosure, it requires making some smart decisions. **What is Foreclosure?** Before you devise a way to avoid foreclosure, you must first understand what it is. Foreclosure is when a bank takes possession of your property when you consistently fail to make your mortgage payments in a timely manner. In some cases even [two missed payments](https://www.gobankingrates.com/loans/how-many-payments-can-miss-before-foreclosure/) can make your lender move towards foreclosure. In Illinois, foreclosures are enforced by the local courts after the lender approaches them. If the lender is successful in enforcing foreclosure, your mortgage property is sold, usually through a public auction, to recover the loan. **Deed-in-lieu – the final resort** Often used as a last resort, [deed-in-lieu](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401) entails the voluntary transfer of the deed to the lender. This allows the lender to avoid public auction involved in foreclosure proceedings. But before opting for this final option, an attorney may advise you to short sale your home before the lender schedules an auction. Another option is to declare bankruptcy. It is important to realize that your personal financial situation is a vital determinant in whichever form of [foreclosure defense](https://www.covertlegal.com/do-you-need-a-lawyer-to-construct-a-foreclosure-defense/) is best suited for you. Only an attorney who is experienced in matters pertaining to foreclosure can advise you on the best course of action. If you have missed your mortgage payments and are facing the threat of foreclosure, contact an experienced foreclosure defense lawyer by contacting [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Should I Hire A Real Estate Lawyer for a Short Sale?](https://www.covertlegal.com/should-i-hire-a-real-estate-lawyer-for-a-short-sale/) **Published:** December 13, 2018 **Author:** Brian Covert **Content:** A short sale is an arrangement where the proceeds obtained from selling the house are lesser than the amount owed to the mortgage lender. Short sales usually take place when a homeowner is delinquent on their mortgage payments and wants to avoid foreclosure against them. Sale proceeds, which are usually lower than the amount owed, go to the mortgage company and in return, the lender lifts their notice of deficiency, releasing homebuyer from any obligation. If you find yourself in a difficult financial situation and are looking to initiate a short sale, it can be extremely advantageous for you to procure the services of a seasoned [short sale lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/). Here are 3 key reasons that you should opt for legal counsel rather than merely hiring services of a broker or going DIY. **Access to Legal Advice** Short sales can involve [legal aspects](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1) and real estate issues, along with different legal documents that need careful consideration from a lawyer. Moreover, you may require legal advice on various questions that arise. Therefore, it can be extremely beneficial to acquire services of an experienced real estate lawyer to guide you throughout the process. Remember, brokers or any individual who does not have a practice license cannot provide a legal advice on any matter related to the short sale transaction. **Better Negotiation** In order to initiate a [short sale](https://www.covertlegal.com/what-is-a-short-sale-deficiency-judgment-and-how-can-it-be-avoided/), you will have to ask your lending institution to release their mortgage lien from the house for proceeds in the sale. Most lenders are looking to obtain full payment without incurring any losses. Hence, using their persuasive skills, a competent real estate lawyer can negotiate on your behalf and get a favorable deal by demonstrating that short sale can expedite the recovery process and can benefit both the parties involved in the transaction. **Waiver of Liability for Deficiency** In many instances, the financial institution asks for a promissory note which states that you will pay the part of the unpaid losses, especially if you have a decent revenue stream or other assets to your name. Having a real estate attorney on your side can provide you an upper hand while negotiating a waiver of the deficiency or at least settle for a lower payment as a lending institution will be aware that you will have a foreclosure defense at your disposal if they do not opt for a short sale. If you wish to know more about this subject or speak with an experienced real estate attorney, contact the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Lawyer --- ### [What You Need to Know About Chapter 7 Bankruptcy in Illinois](https://www.covertlegal.com/what-you-need-to-know-about-chapter-7-bankruptcy-in-illinois/) **Published:** February 5, 2020 **Author:** Brian Covert **Content:** Filing for bankruptcy is never a pleasant experience, but with a professional attorney by your side, the process can be simplified. Here are some things you need to know about filing for Chapter 7 Bankruptcy. If you file for bankruptcy in Illinois, you can make sure some of your property remains safe with certain exemptions. For instance, when you file Chapter 7 bankruptcy, the trustee can sell off property that is not exempt and use the money to pay off creditors, utility bills and loans. However, before you opt for this, you should determine whether it makes financial sense for you. Here are some questions you should ask yourself: - Will you have to give up property you would like to retain? - Will filing for [Chapter 7 Bankruptcy](https://www.covertlegal.com/chapter-7-bankruptcy-vs-chapter-13/) give you enough funds to make it beneficial for you? - Can your creditors take your property or income, even if you don’t file for bankruptcy? The answers to these questions will help you figure out whether filing for this bankruptcy benefit you, or if you are better with the alternative, i.e. [Chapter 13](http://www.illinoisbankruptcy.com/chapter13.html). If you think you can file, you need to submit some [forms](https://www.nolo.com/legal-encyclopedia/chapter-7-bankruptcy-overview-29571.html) with the bankruptcy court. These documents will require the following information: - Your debts, properties, current income and monthly living expenses. - Property you own and the funds spent in the last two years. - Property you sold or gifted during the last two years. - Property you can retain legally, i.e. those that are exempt. This can be your home, furniture, clothing, your car, etc. You will also have to pass a means test if you decide to go with this bankruptcy. In other words, if your disposable income is high, the [Bankruptcy Code](https://www.natlbankruptcy.com/timing-and-the-means-test/) will determine you should opt for the Chapter 13 plan so some of the funds can be paid to creditors. The key to filing is to wait long enough to ensure you are eligible for Chapter 7. However, if you are wallowing in debt and do not have cash to spare at all, you could pass the mean test. Rather than tackling these complicated calculations yourself, consider hiring an experienced attorney from [Covert Marrero Covert](https://www.covertlegal.com/). We can do the number-crunching so you don’t have to, and we can assist you in the filing process as well. We offer our legal services in Naperville, Schaumburg, and Warrenville, Illinois. Call us today and take the first step toward a fresh start. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Chapter 7 Bankruptcy Lawyer --- ### [The Top Reasons To Fight Foreclosure And Save Your Home In Illinois](https://www.covertlegal.com/the-top-reasons-to-fight-foreclosure-and-save-your-home-in-illinois/) **Published:** October 1, 2024 **Author:** Brian Covert **Content:** As an experienced Illinois foreclosure defense attorney, I understand the emotional turmoil of possibly losing your home. Fighting foreclosure is not just about keeping a roof over your head; it’s about claiming your rights and exploring all possible avenues under the law to keep your financial future intact. Here are compelling reasons, rooted in Illinois statutes, why you should fight against foreclosure. ## Illinois Allows A Reinstatement Period Under the Illinois Mortgage Foreclosure Law, [735 ILCS 5/15-1602](https://ilga.gov/legislation/ilcs/documents/073500050K15-1602.htm), a homeowner may reinstate his or her mortgage up to 90 days after being served with a foreclosure notice. You may stop the foreclosure process by paying delinquent payments, fees, and costs. This is a grace period in which you are allowed to be back in control so as not to lose your home, and it allows you a critical window to improve your financial situation. ## Loan Modification Opportunities Illinois encourages lenders and borrowers to explore loan modifications prior to [foreclosure.](https://www.covertlegal.com/how-a-foreclosure-defense-lawyer-can-help-you/) Programs like the Home Affordable Modification Program may help you get your payments down to an amount that you can reasonably afford in order to stay in your home, helping you further your goals of long-term financial stability. ## Right To Redemption Illinois law also provides for a redemption period; [735 ILCS 5/15-1603](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1603), typically up to seven months from the date of service or three months from the date of entry of the judgment of foreclosure. During such period, you can pay in, in full, the total mortgage debt and retain your home. Your right to redemption can be a great tool to forestall the loss of your home. ## Judicial Foreclosure Process Since Illinois has a judicial foreclosure process, all foreclosures are driven through the court system. What this implies is that the judge has to review every case, and you get to bring up defenses or whatever irregularities in the foreclosure process, like improper notice or predatory lending practices. Sometimes, this may be to your advantage, adding another layer of protection. ## Deficiency Judgments If the sale of your home is not sufficient to pay off your mortgage debt, a lender can sue for a deficiency judgment against you in Illinois. However, contesting the foreclosure can also mean contesting or reducing that judgment and thereby preserving your other assets and future earnings. Losing one’s home to foreclosure is not an inevitable fact. There are several defenses and rights under Illinois that might be utilized to great advantage against foreclosure. If you are facing foreclosure, the earlier you take action, the more all of these rights will be preserved, and the better your chances of a decent outcome. ## Contact Our Illinois Foreclosure Defense Attorney To Save Your Home If you have any foreclosure issues or other mortgage-related questions, please do not hesitate to contact Covert Marrero Covert LLP today. With our knowledgeable staff, we can aggressively represent you in a court of law to protect your home and your rights. Contact our [Illinois foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP by calling 630-717-2783 to [receive your free consultation](https://www.covertlegal.com/contact-us/). We have locations in Warrenville, Naperville, and Schaumburg, Illinois, and would be happy to help you through this process. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Will Short Sales And Foreclosures Increase In 2023?](https://www.covertlegal.com/will-short-sales-and-foreclosures-increase-in-2023/) **Published:** November 7, 2022 **Author:** Brian Covert **Content:** Foreclosures and short sales may increase significantly in 2023 in Illinois and the US. Home sales are low, and prices skyrocket as inflation takes over the nation. However, there has been an increase in home sales in the state compared to 2021. So while foreclosures and short sales are at an all-time high, these sales may tip the balance in an investor’s favor. ## Housing Costs on the Rise in Illinois Today, potential homeowners in Illinois must pay about $8,000 to secure a property. This includes $5,000 yearly for the mortgage. Skyrocketing inflation, [increasing mortgage rates, and high property taxes have much to do with this](https://www.illinoispolicy.org/policy-shop/ep-48-the-housing-market-goes-bust/) and have also increased the cost of living. It is little wonder why foreclosures have more than tripled in Illinois compared to last year. Most people cannot keep up. [Amendment 1]( **Categories:** Short Sale Attorney **Tags:** foreclosure --- ### [What You Should Do If Pulled Over For A DUI in Illinois](https://www.covertlegal.com/what-you-should-do-if-pulled-over-for-a-dui-in-illinois/) **Published:** December 16, 2021 **Author:** Brian Covert **Content:** According to the [National Highway Traffic Safety Administration](https://idot.illinois.gov/transportation-system/safety/roadway/drive-sober/resources), more than 47% of car accidents in Illinois are caused by drunk drivers. That is no small number and one of the main reasons the state has [strict DUI laws](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501). **What to Do If You Are Pulled Over For A DUI in Illinois** Whether you are a party animal or like to imbibe once in a while, there are some things you should and shouldn’t do if you are pulled over for a DUI in Illinois: **Pull Over Safely** Calmly pull over to the side of the road as soon as you hear a police siren behind you and see those flashing lights in your rear-view mirror. Make sure the area is free from traffic and do not get out of the car. Plus, do not drive erratically. It may make the police officers suspect that you are drunk. You may get another traffic violation as well. **Avoid Incriminating Statements** Besides offering your driver’s license, basic information, and registration, do not give any other information or statements when responding to questions. Tell the officer that you do not answer questions if asked about what you were doing or where you were going. This is important because you may incriminate yourself without realizing it. While the officer will not be happy with this response and may try to threaten you into answering, hold your ground. If you are arrested because of your silence, the court will throw out your case. **Do Not Challenge the Police** You cannot be pulled over because the officer who saw you had a hunch that you were intoxicated. They have to see you do something illegal or out of the normal to prove their suspicions, such as erratic driving, driving with the headlights off, etc. These issues will be discussed when your DUI lawyers in Warrenville work on your case, so do not challenge the officers. You may end up incriminating yourself. **Submit To A Breathalyzer Test As Per Your Judgment** In the state of Illinois, driving is considered to be a privilege rather than a right. This means you will get arrested if you fail a breathalyzer test (i.e., your blood alcohol content is 0.08 or more). As per the state’s consent law, all drivers have already been given the right to get tested under probable cause that they are driving under the influence. Besides breathalyzers, this also includes urine and blood tests. If you refuse to get tested, your license will be suspended for a short period. However, if you refuse, you may be able to help your case. The prosecution will have to prove that you were intoxicated behind the wheel by providing irrefutable proof, often presented via breathalyzer results. **Contact Covert Marrero Covert for A DUI Charge in Illinois** If you have been charged with a DUI in Illinois and are searching for competent and experienced [DUI lawyers in Warrenville](https://www.covertlegal.com/practice-areas/dui-defense/), look no further than Covert Marrero Covert LLP. We have years of experience aggressively representing clients like you and will give your case the complete attention it deserves. Get in touch with us today for a free consultation for your [DUI](https://www.covertlegal.com/do-dui-arrests-increase-in-illinois-during-the-summer/) charge or any charge involving car accidents in Warrenville, Naperville, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Lawyers **Tags:** drunk driving, DUI, DWI --- ### [How Home Loan Modification Lawyers Can Help You Keep Your Home During The COVID Pandemic](https://www.covertlegal.com/how-home-loan-modification-lawyers-can-help-you-keep-your-home-during-the-covid-pandemic/) **Published:** February 10, 2021 **Author:** Brian Covert **Content:** **Why Hire A Home Loan Modification Lawyer** Home loan modification lawyers understand that Covid-19 has shut down several businesses leading to an unprecedented rise in [unemployment rates](https://fas.org/sgp/crs/misc/R46554.pdf). Naturally, if you don’t have a job, how can you be expected to pay your mortgage? That is a dilemma several homeowners are facing, with many on the way to foreclosure. However, you can avoid closure by hiring a home loan modification lawyer. **What Is A Home Loan Modification?** A loan modification is basically an agreement that you form with your lender to change the terms of your original loan, so you can make payments in an affordable manner. The main aim is to prevent foreclosure, which is a suitable solution for homeowners who find themselves without employment or funds to pay their mortgage on time. In order to be eligible for a loan modification, the following requirements need to be fulfilled: - Your income is insufficient to make mortgage payments regularly - You experienced a financial hardship (such as medical bills resulting from a Covid-19 diagnosis) and you cannot afford to pay the mortgage as a result. - The property is your main residence **Other Options** The aforementioned is not the only way you can avoid foreclosure. If you wish to alter your current mortgage, your [home loan modification](https://www.covertlegal.com/home-loan-modification-why-you-need-an-attorney/) lawyer can also help you modify it to an adjustable mortgage one, re-amortize loans, and acquire reductions in the principal amount that is owed. You can also opt for forensic loan auditing to determine if any laws were violated with the loan you received. If the lender charged you a hidden or excessive fee he can be taken to task and sued. In some cases, foreclosure can be avoided. According to the [Illinois Mortgage Rescue Fraud Act](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2795&ChapterID=62), loan modification consultations cannot take an upfront fee. While this is illegal in the state, some consultants still try to charge thousands of dollars from their clients which they have to pay before they can be served. As per the law, you cannot be charged till the loan modification is successful and you avoid foreclosure. Naturally, searching for an attorney with a stellar reputation should be a priority. **Why Choose Our Home Loan Modification Lawyers** At [Covert Marrero Covert](https://www.covertlegal.com/), our home loan modification lawyers understand your frustration and stress in searching for trustworthy legal aid for your loan modification. We have years of experience and client testimonials that prove our trustworthiness and can help you find affordable solutions that can work for you. Get in touch with us for a consultation today at our offices in Warrenville, Schaumburg, or Naperville, IL. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer **Tags:** home loan modification --- ### [How Rising Interest Rates Are Impacting the Real Estate Market](https://www.covertlegal.com/how-rising-interest-rates-are-impacting-the-real-estate-market/) **Published:** September 5, 2022 **Author:** Brian Covert **Content:** On May 4th, 2022, [The Federal Reserve announced that short-term interest rates would increase](https://www.us.jll.com/en/views/why-rising-interest-rates-doesnt-necessarily-mean-rising-cap-rates) by 0.50% to combat inflation and stabilize the economy post-pandemic. The rising interest rates have broken records and have had a noticeable impact on the real estate market, particularly for investors. This is nothing new. Interest rates have historically been reduced to support an ailing economy by stimulating growth. It’s what happened during the recession and when the Covid-19 pandemic first hit. The downside was inflation, which increased interest rates, so businesses and people didn’t have to borrow money for large purchases. ## What Rising Interest Rates Mean For Investors When [interest rates rise](https://www.federalreserve.gov/releases/h15/), houses become more expensive, and naturally, their demand reduces as well. In turn, this forces housing costs to decrease as well. However, the existing market is a bit different – there has been an increase in housing costs because of the following reasons: - Foreclosures impacted by the Covid-19 pandemic. - Millennials are old and established enough to afford homes. - Not as many single-family homes as there used to be because of labor shortages and supply chain problems. Experts believe that while short-term investments are risky, investors can still look into long-term options that can provide better gains. You can withstand inflation with a property that can act as a source of income a few years later. ### What Multifamily Investors Should Consider You can go for a fixed rate when you refinance an apartment or buy a multifamily property, but you should look into other factors besides interest rates. These include: #### Shifts in demographics Demand is outpacing supply in the housing market as interest rates rise. However, as the economy recovers, more people may move into the cities from the suburbs. This can be a new market for you to tap into as an investor, including individuals looking for housing near their workplaces. #### The local market Real estate is mostly a local business, so look into your niche before refinancing or buying. Also, consider each property’s capitalization rate – these rise with interest rates. #### The existing financing structure Short and long-term loans may be affected by rising interest rates. Consider factors that affect mortgage rates, such as a 10-year treasury lead. These yields reflect investor sentiments on the economy. Rising yields may point to higher inflation rates and vice versa. As interest rates rise, knowledgeable and proactive Illinois [real estate](https://www.covertlegal.com/what-will-rising-interest-rates-do-to-the-real-estate-market/) attorneys can help you determine a solid plan of action regarding your real estate investments. ## Contact Covert Legal for a Consultation Today For more than four decades, the [Illinois real estate attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Legal in Warrenville have been aiding real estate investors, and other clients reach their goals. We have experience preparing contracts, and negotiating sales for homes, vacant lands, and even commercial property. We have also represented clients in court for boundary disputes, title disputes, and other issues. Contact us for a consultation today at (630) 717-2783! ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** Real Estate --- ### [How Can A Short Sale Save Your Credit Score?](https://www.covertlegal.com/how-can-a-short-sale-save-your-credit-score/) **Published:** March 13, 2019 **Author:** Brian Covert **Content:** A short sale is an arrangement when a homeowner, who is facing a financial crisis, is having difficulty keeping up with their mortgage payments. As an alternative to agreeing with the mortgage company or another lending institution to foreclose on their home, an individual can instead apply for permission to sell their house for less than its market value. Typically, the lender will then discharge the remaining amount. A short sale allows both the lender and the homeowner to avoid a foreclosure which can prove to be quite costly for both parties. If you are facing a financial predicament and can no longer make your monthly mortgage payments and want to opt for a short sale, it can be highly beneficial for you to hire an experienced [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) to help you avoid foreclosure. **Why Would a Lender Agree for a Short Sale?** Filing for foreclosure costs banks and financial institutions a great amount of money as they must assume the responsibilities related to the maintenance and taxes of the property. In addition to that, the housing prices are fairly low and selling a house does not yield them sufficient amount of money to recoup their losses. Therefore, lenders are more inclined towards a short sale rather than opting for a foreclosure. A short sale transaction allows the lenders to obtain far more money back and help them to avoid the charges and hassles associated with the filing for a foreclosure. As a matter of fact, a short sale is beneficial for all the parties in a transaction that includes the buyer as well. The buyer is able to purchase a property at a much lower price than its original value and does not have to deal with the eviction process or many other issues that are typically involved in a conventional sale. **Short Sale and Your Credit Score** A short sale is a better choice than a foreclosure for a multitude of reasons. It is more private, allows you to live rent-free until the completion of the transaction, and provides psychological comfort. However, the most important benefit of a short sale is that it helps a homeowner to save their [credit ratings](https://www.investopedia.com/terms/c/creditrating.asp) by avoiding foreclosure. A foreclosure can prove to be devastating for your credit ratings. A poor credit score can severely put you at a disadvantage when it comes to borrowing money as you will either have to face rejection when applying for loans or pay a higher amount of interest if you manage to obtain a loan. It may also reflect poorly on you if you apply for a new job, particularly if it is related to the financial sector or involves handling sensitive information. Therefore, you should procure the services of a competent [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) to make sure your credit rating is not affected due to your short-term financial crisis. Using their knowledge pertinent to law and negotiation techniques, a skillful [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) will be in a better position to negotiate with your lender and persuade them to opt for a short sale option, which will help you to save your credit ratings and provide numerous benefits over a foreclosure. If you wish to know more about how short sale can help to save your credit ratings, call the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [How To Buy A Short Sale Property In Illinois](https://www.covertlegal.com/how-to-buy-a-short-sale-property-in-illinois/) **Published:** September 20, 2021 **Author:** Brian Covert **Content:** Do you want to purchase a new home in Illinois for a bargain? If you answered yes, then you should consider getting properties that are on a short sale. A short sale property always sells below the amount the current owners owe on it to their lender. Anything from unemployment to a divorce can force homeowners to sell their home for less than what it would have amounted to, provided they paid their mortgage regularly. Experienced Illinois short sale attorneys from Covert Marrero Covert will ensure you get the [best deal](https://www.thebalance.com/the-upside-to-buying-a-short-sale-1799202). **How To Buy A Short Sale Property In Illinois** **Consult an Attorney** The first thing you need to do is consult an attorney who has experience handling short sale transactions. While you can use MLS listings to find potential ones, experienced Illinois short sale attorneys can help you narrow down your choices to ensure you make a wise decision. An attorney will also warn you if a property you are interested in is approved for a short sale or is pending reviews from a third party. If the latter is the case, the process can take longer than you think. In some cases, the homeowner may not qualify for a short sale, so you will be wasting your time. A reliable attorney will also tell you if a short sale is worth your time and money or not. **Make an Offer** Once you finalize a short sale property to purchase, your attorney will start negotiations with the lender. If you don’t have a real estate attorney in your corner during this step, you may end up paying way more than the property is worth. As a general rule of thumb, make sure your offer is competitive. In case of a short sale, it should be close to the property’s market value rather than the list price. Illinois short sale attorneys from Covert Marrero Covert can give you the best advice in this regard. The offer stage is the longest step of the short sale process. The lender may approve the sale with or without conditions, counter your offer or reject the short sale. If your offer gets rejected, you and your attorney will have to repeat the process. **The Closing** Once negotiations end, you should get an approval letter from the lender and a date for the closing. Most short sale lenders give 45 days before the closing date to give the buyer enough time to secure the mortgage before the approval letter expires. **Get In Touch With Short Sale Attorneys At Covert Marrero Covert LLP** If you are eyeing short sale properties in your area, contact Illinois short sale attorneys at [Covert Marrero Covert LLP](https://www.covertlegal.com/) today. We will work with your realtor and the title company to ensure the transaction goes smoothly for you. We will also go the extra mile and recommend an experienced and trusted realtor if you want. Our attorneys will also go through and revise the short sale contract as per your needs and advise you on everything from disclosures to potential repairs. We can also prepare the closing documents and handle title issues, so you don’t have to. All of our short sale attorneys are highly skilled negotiators and will ensure you get the best deal possible. Get in touch with us at any of our offices in Naperville, Warrenville, and Schaumburg for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorney **Tags:** short sale --- ### [How Long Does a Foreclosure Stay on Your Credit Report?](https://www.covertlegal.com/how-long-does-a-foreclosure-stay-on-your-credit-report/) **Published:** January 6, 2021 **Author:** Brian Covert **Content:** A foreclosure on your assets can be the absolute worst thing that can happen to your credit report. However, if you default on your mortgage one too many times, you will have no choice in the matter. What is devastating is a foreclosure can remain on a credit report for seven (7) years from the date of the first missed payment. It can seriously bring down your credit score as well, which can compromise your ability to get a loan in the future. Typically, a default notice arrives in 60 or 90 days when you fall behind on your mortgage payments. An Illinois foreclosure attorney will tell you the process initiates when the [complaint to foreclose](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1504) is filed by the lender. **How a Foreclosure Affects Credit** A foreclosure can knock your score by as much as 400 points, but there isn’t a consensus on the exact amount that is deducted. Each crediting agency has its own scoring algorithm, which it keeps secret. Even if your agency has notified you of your score, it may not be the score the [three main credit agencies](https://www.thebalance.com/who-are-the-three-major-credit-bureaus-960416) maintain. In other words, even if your history is the same on all three, your score may not be the same. That’s because each company has its own rules and regulation for every piece of information that is present on a credit report. One may focus on open collections while another may focus more on missed [credit payments](https://www.covertlegal.com/how-can-a-short-sale-save-your-credit-score/). Whichever company or lender you go with, if you face foreclosure, bouncing back from it should be your priority. It is not the end of the world, but it can be a nightmarish experience nonetheless. The first thing you need to do is to see if your reports had any mistakes in them. If you spot several, you can file a dispute and have it corrected. By doing so, you can ensure a loan application doesn’t get rejected later and help you get your life back on track. **Hire an Illinois Foreclosure Attorney** Receiving a foreclosure notice can be one of the most devastating events anyone can go through. This is where our foreclosure attorneys can prove invaluable. At [Covert Marrero Covert, LLP](https://www.covertlegal.com/), we provide moral and legal support to clients who are facing this issue and help them find real solutions. Get a ‘foreclosure attorney near me’ in Naperville, Schaumburg, and Warrenville, IL today by getting in touch with us for a consultation. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney **Tags:** foreclosure --- ### [Foreclosure Defense Tips that You Should Know](https://www.covertlegal.com/foreclosure-defense-tips-that-you-should-know/) **Published:** February 8, 2018 **Author:** Brian Covert **Content:** Facing a foreclosure in Illinois can be a daunting task without the help of an experienced foreclosure attorney. Although it is best to avoid foreclosure situations, here are a few tips that you should know in case you need to exercise foreclosure defense to get out of sticky situations: **Accept Documentation** Some people commit the mistake of not being vigilant about receiving notices and reach a position when it is too late to mount a defense. The first tip is to be always attentive, especially when you have even missed a single repayment. Contact your lender proactively and ask them if something can be done to remedy the situation before the 90-day period is achieved. Remember, you have this period where you can submit the missing payment and avoid problems. The lender starts by sending you an initial notice for complying with the mortgage terms. You then reach a notice that initiates the foreclosure process. Accepting these notices on time give you the best chance of seeking an experienced foreclosure lawyer and preparing a strong defense. This certainly helps you with other tips as well. **Discuss with Lender** Discussing the foreclosure situation directly with the lender may help you in most foreclosure situations. Remember, the lender must wait for 120 [days of delinquent behavior](https://www.nolo.com/legal-encyclopedia/illinois-foreclosure-laws-procedures.html) before filing for foreclosure. You can quickly discuss an earlier notice from your lender and find out you still have some time to remedy the situation by working out an agreement with the bank. In most cases, the bank keeps sending you notices to inform you of the missing payments. **Seek a Lawyer** The most important tip is to seek an experienced [foreclosure lawyer](https://www.covertlegal.com/what-to-do-if-your-property-is-going-into-foreclosure/) immediately for preparing a defense. You should help your lawyer with all the documentation and the communication that you may have had with the lender’s representative. Since skilled attorneys are aware of the state regulations and the laws that govern foreclosure, they can prepare a suitable defense according to your particular situation. You should ask your [foreclosure lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) any questions that you have in mind and they will have the answers ready for you. They allow you to relax and make up your mind how you want to get out of a foreclosure situation. Sometimes, holding onto a large mortgage may not be the right option, in which the next point may be advised by your lawyer. **Short Sale** A short sale is when you sell your house at a value lower than your mortgage with the permission of your lender. This is often the best solution for both sides, but you should only go for it if you have hired a foreclosure lawyer and have worked out the finer details of the process. This is important, since it will allow you to stay away from any surprises that may destroy your capacity to save your remaining assets. Typically, you still owe the remaining money to the lender but it is often waived off, based on your monetary situation. Always remember that you must act swiftly for the best foreclosure defense. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today and let our foreclosure defense attorney help with your case. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [How Rising Interest Rates Are Impacting Mortgage Rates](https://www.covertlegal.com/how-rising-interest-rates-are-impacting-mortgage-rates/) **Published:** March 6, 2023 **Author:** Brian Covert **Content:** Anyone interested in buying a home with a mortgage has probably heard about rising mortgage rates recently. Rates have been steadily climbing since 2022 and are almost double what they were a year ago. Whether mortgage rates go up or down, underlying interest rates set by the Federal Reserve always affect them somewhat. Learn more below about how rising rates are affecting mortgage rates. Then, if you need help with your next real estate transaction, the [Illinois real estate attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP are ready to assist. ## Why Do Mortgage Rates Go Up With Interest Rates? When underlying interest rates rise, mortgages are more expensive than their rates. This makes buying a home more costly for most Americans. When homes cost more to purchase, this usually slows the housing market. [Experian explains](https://www.experian.com/blogs/ask-experian/how-rising-interest-rates-affect-new-mortgages/) that when the Federal Reserve raises rates, it alters its target for the federal funds rate. This is the rate that the board of the Fed advises banks to charge when they provide loans to other banks. For the most part, banks put 3% on top of the federal funds rate when establishing the prime rate for customers. So, for example, the federal fund’s target rate was 1.75% in July 2022, and the prime rate was 4.75%. If you have a fixed-rate mortgage already, the good news is the rising mortgage rates do not affect you. However, if you have an adjustable-rate mortgage, the increasing rates could cost you more when the fixed period expires. ## What Happened In 2022 To Mortgage Rates? In 2022, the US Federal Reserve [raised the federal fund’s interest rates](https://www.cnn.com/2022/12/14/success/what-rising-interest-rates-mean-credit-mortgage-december/index.html) several times due to rising inflation. Increasing interest rates make borrowing money for homes, cars, credit cards, and much more expensive. Increasing interest rates is the primary tool that the Fed has to slow the economy and tame inflation. While paying a higher interest rate on a [mortgage](https://www.covertlegal.com/defaulting-on-a-second-mortgage-what-you-should-know/) is not what most people want, slowing economic activity reduces inflation, and that keeps prices for everything else under control. For 2023, many financial experts expect we will have peak mortgage rates in the 6-7% range. Some expect rates to level off at around 5% to 5.5% in 2023. However, we may not see 3% rates again for a long time. ## How To Save On Your Mortgage When rates are rising, everyone wants to save on monthly payments. How? First, put down 20%, so you don’t have to pay mortgage insurance. Then, if you think you will only be in the home for a few years, consider an adjustable-rate loan for three or five years with a lower rate. ## Contact An Illinois Real Estate Attorney Now Are you interested in buying a home in popular Schaumburg communities like Haverford, Hidden Ponds, or Spring Cove? Then you will be interested in getting the best mortgage loan at the lowest rate. With so much turmoil in the real estate market and rising rates, now is the time to rely on an Illinois real estate attorney for help with the transaction. Our attorneys at Covert Marrero Covert LLP can help with your next real estate purchase. Please [contact our Illinois real estate attorneys](https://www.covertlegal.com/contact-us/) today at 630-717-2783. Our attorneys work in the communities of Naperville, Warrenville, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** interest rates --- ### [Foreclosure and Divorce: What are your Options?](https://www.covertlegal.com/foreclosure-and-divorce-what-are-your-options/) **Published:** August 6, 2017 **Author:** Brian Covert **Content:** Dealing with a foreclosure while going through a divorce can lead to a number of issues. Generally, couples are seeking answers to questions like: Who will get the house? Who will pay the remaining mortgage debt? The responsibility of debt and the ownership of the house will be determined based on the particular circumstances of your marriage and laws affecting your situation. **Who is Responsible to Pay the Mortgage?** The answer to this question largely depends whether the mortgage loan was taken out before or after the marriage. In most cases, married couples obtain the loan together to title the property jointly. However, in other situations, one spouse signs the mortgage in their own name to take out the loan. If both spouses have signed the mortgage, they will be equally responsible for the debt. Moreover, they will also be liable for deficiency judgment that the lender may bring following a foreclosure. In case only one spouse signed the mortgage papers, the other spouse will not be liable to repay the debt, or any [deficiency judgment after a foreclosure](https://www.covertlegal.com/the-role-of-deficiency-judgments-in-foreclosures/). **Who Keeps the House?** There are generally three possible situations that may arise from this question: 1. 1. When One Spouse wants the House When one of the spouses wants to keep the house, there are several things they can do. They may apply for a [loan modification,](https://www.covertlegal.com/should-i-get-a-home-loan-modification-in-2021/) refinance the loan in their name alone, or directly assume the mortgage through the essential paperwork. For assuming the mortgage, they will have to show that they are financially stable enough to afford the monthly payments in order to avoid foreclosure. Most mortgage agreements have a due on sales clause, but it may not be enforceable if the house is transferred during a divorce. 2. 2. When Neither Spouse Wants the House If none of the spouses wants to keep the house, they may have numerous options at their disposal to avoid foreclosure, such as: - Sell the property and settle the debt - If the property value has gone down the market value, you can arrange a short sale after getting approval from the lender - Rent out the house and use the rental income to make the payments - Completing a deed in lieu of foreclosure 3. 3. When Both Spouses Want the House If both spouses wish to keep or remain in the house, this can create potential problems, ultimately leading to foreclosure. Spouses will have to take the matters to the court that may issue an order to sell the property. This will only lead to raising the cost of the process, as each party will have to pay court and legal fees, and make the situation more difficult. It can be extremely hard to handle both [divorce](https://www.covertlegal.com/frequently-asked-questions-about-illinoiss-divorce-laws/) and foreclosure without any legal guidance. It is recommended that you discuss your case with an experienced [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) and know what options are available to you. For more information, contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Home Loan Modification – Why You Need an Attorney](https://www.covertlegal.com/home-loan-modification-why-you-need-an-attorney/) **Published:** December 15, 2016 **Author:** Brian Covert **Content:** Loss of income, unemployment, divorce, medical emergency, etc. – these are just some of the reasons why Americans fail to keep up with their mortgage payments and end up defaulting. The worst part is once you start falling behind on your payments, it is very difficult to get back on track. Some people think that chapter 13 bankruptcy is the only option they have to protect themselves from losing their home to the lender, but there is another way. Since foreclosing a property is a costly process for lenders, they are willing to work with homeowners to find ways to help them make their payments. One solution they offer is [home loan modification](https://www.covertlegal.com/is-it-a-good-time-for-a-home-loan-modification/), also known as mortgage modification. However, there are several potential pitfalls associated with this option, and it is advisable to have a foreclosure defense attorney by your side when considering home loan modification. **How Home Loan Modification Works** It refers to permanent [restructuring of your home loan](https://www.covertlegal.com/?p=956), in which the lender changes the terms of your mortgage to make it easier for you to make regular payments. The lender may agree to make any of the following changes to your mortgage plan: - Putting a cap on the monthly payment to a certain household income percentage - Waive off some of the principle balance or some penalties - Lengthen the term of the loan - Reduce or eliminate late fees - Reduce the interest rate - Mortgage forbearance program If you want to apply for a home loan modification, you have to submit an application to the lender or mortgage servicer. You will have to attach certain documents with it such as bank statements and recent paystubs. **How a Home Loan Modification can help you** The foremost benefit of opting for home loan modification is that it saves your home from being foreclosed. It works in those situations as well where foreclosure is already scheduled. Moreover, [a short sale doesn’t hurt your credit score as much as a foreclosure sale](https://www.covertlegal.com/why-you-should-opt-for-short-sales-in-illinois-rather-than-foreclosure/) does. A home loan modification makes the mortgage affordable, as the modified payment plan is based on your current financial situation. **Do you need an Attorney for Mortgage Modification?** Here are a few good reasons why hiring an attorney for a home loan modification is a good idea: - They can help you get the best loan modification option from the lender with more flexible terms. - Some lenders trick homeowners into believing they will get mortgage modification so they stop fighting, but are foreclosed later on. The attorney can avoid this situation altogether. - Since there is a lot of paperwork involved in the loan modification process, the attorney can take care of this daunting task for you. - An experienced attorney will know how to prevent your loan modification application from being rejected. - Lenders are willing to negotiate and show more flexibility in modifying loans for homeowners with legal representation. If you have received a notice for foreclosure, you need to act fast and talk to a foreclosure defense attorney to help you devise your way forward. Contact the Law Office of Brian Covert at (630) 717-2783 or online to schedule a free consultation. We have offices in several areas of Illinois, including Schaumburg, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Frequently Asked Questions about Illinois Divorce Laws](https://www.covertlegal.com/frequently-asked-questions-about-illinoiss-divorce-laws/) **Published:** September 9, 2020 **Author:** Brian Covert **Content:** In Illinois, divorce is referred to as [Dissolution of Marriage]() and the decision should not be taken lightly. Here are some frequently asked questions and their answers about divorce laws in Illinois you should be aware of: **Q. Does Illinois Have A Residency Requirement?** **A.** Yes, it does. You can only file for divorce in Illinois if you have lived in the state for the past 90 days. This includes members of the armed forces. Also, if you want the court to get involved when it comes to child custody and visitation rights, you need to make certain your children were [Illinois](”https://www.covertlegal.com/what-is-a-class-x-felony-in-illinois/”) residents for the past six (6) months. **Q. Do I Need an Attorney if I Agree with My Spouse on Everything in the Divorce Decree?** **A.** In this case, you do not have to hire an attorney, however, hiring an attorney is always advisable. Divorce cases can get quite complex and yours can have consequences you may not be aware of. You cannot use the same lawyer as your spouse – even if you agree on everything. **Q. What is a ‘no-fault divorce?** **A.** A ‘no-fault’ divorce means neither you nor your spouse were responsible for the breakup of your marriage. The grounds for a no-fault divorce include the following: - Irreconcilable differences caused the breakup of the marriage - Efforts at reconciliation failed - Both spouses have lived separately from one another for at least two (2) years. Spouses can also live separately in the same house as roommates only - Further attempts at getting back together are not in the family’s best interests **Q. In What Case Can the Supporting Spouse be Eligible for Spousal and Child Support?** **A.** As a filing spouse, if you have lived in Illinois for the last 90 days but your spouse is not a resident of the state and has never committed any act in the state which would cause the court to take notice, he/she may not have to pay for [support](https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm). That’s because the court does not have jurisdiction over them in any way. This is barely the tip of the iceberg. If you have more questions about the divorce process in Illinois, get in touch with the attorneys at [Covert Marrero Covert](https://www.covertlegal.com/) today. We treat each client with the respect and compassion they deserve and will ensure your best interests are protected. We do not back down from high-powered adversaries. Get in touch with us for a consultation in Warrenville, Naperville and Schaumburg, IL, today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Attorney --- ### [Should I Get A Home Loan Modification In 2021?](https://www.covertlegal.com/should-i-get-a-home-loan-modification-in-2021/) **Published:** August 18, 2021 **Author:** Brian Covert **Content:** If you are having trouble making mortgage payments on time, you should consider getting an Illinois home loan modification with the help of a lawyer. You should know that you aren’t alone. Due to the Covid-19 crisis, moratoriums have been placed across the nation on foreclosure and eviction proceedings. By the end of August, the [Federal Housing Finance Agency (FHFA)](https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Extends-COVID-19-Forbearance-Period-and-Foreclosure-and-REO-Eviction-Moratoriums.aspx) extended it to cover mortgages on single-family homes. However, when the FHFA realized that a lot of homeowners may default on mortgage payments after the moratorium expires, they extended the expiration date. So if you have fallen behind on payments due to difficulties that were caused by the lockdown, chances are you can delay foreclosure as well. However, this does not mean you can delay it indefinitely. To bring your mortgage back on the right track, you should get an Illinois home loan modification as soon as possible. **Why You Should Get A Lawyer For Illinois Home Loan Modification** Most lenders are more than willing to work with borrowers who need loan modifications, but the application process can be quite complex. In fact, a lot of applicants face rejections especially if they don’t have a lawyer by their side. A lawyer who has experience in loan modifications can be the difference between a loan modification and foreclosure. So hire one if: - You are unsure about how to fill out the loss mitigation application properly. - You are unsure if an Illinois home loan modification can prevent foreclosure. - The servicer violates [state foreclosure laws](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000). - The servicer denies your request for a loan modification and you want to appeal. Additionally, a [home loan modification](https://www.covertlegal.com/how-a-loan-modification-lawyer-can-help-save-your-home/) lawyer in Illinois can also do the following for you. **Provide Individualized Attention** Very few loan service providers remain in touch with applicants and are often slow to return calls. A loan modification lawyer will not answer your calls, but he/she will also call back with information that can help your case. In other words, unlike lenders, they will focus on your specific needs. **Negotiate With Lenders** A lender may be persuaded to provide favorable loan terms if you have a lawyer in your corner. That’s because loan modification lawyers update themselves on the latest loan programs that can help borrowers who are in financial distress. **Completing Complex Paperwork** Illinois home loan modification usually requires an extensive amount of complex paperwork that may overwhelm you in your stressed state. A lawyer who has experience going through and completing it can ensure nothing is left out. He/she can also advise you on the information needed to supplement the application and explain the extent of your financial hardships to the lender. It is imperative that you get legal aid as soon as possible if you don’t want your property to go into foreclosure. If you are in search of an experienced loan modification lawyer, schedule a free consultation with [Covert Marrero Covert LLP](https://www.covertlegal.com/) today. We also accommodate off-site and off-hour appointments for your convenience. Or you can visit us in person at our Schaumburg, Naperville, or Warrenville offices. We don’t back down, ever! ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Loan Modification Lawyer **Tags:** home loan modification --- ### [Situations that Makes You Eligible for a Short Sale](https://www.covertlegal.com/situations-that-makes-you-eligible-for-a-short-sale/) **Published:** November 22, 2017 **Author:** Brian Covert **Content:** Difficult times create financial problems for most homeowners, and in such circumstances, a short sale may seem to be the most viable option at their disposal. If you are in a similar situation, you should consider consulting with a [short sale attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) who can provide legal guidance and enlighten you with the pros and cons of going for a short sale. They will also explain any other options you may have to overcome your current circumstances, verify the legal soundness of the short sale documents, and provide advice about personal liability after the process is complete. In a short sale, you need to get approval from your lender to proceed with the process. This is because generally, you get a lower price for the property than what you owe, and you need consent of the lender that they will accept the less settlement amount for your mortgage debt or seek deficiency judgment after the short sale has been finalized. **Qualifying for a Short Sale** Before you can proceed with a [short sale](https://www.covertlegal.com/what-is-a-short-sale-deficiency-judgment-and-how-can-it-be-avoided/), you need to qualify for it by getting approval from your lender. Lenders want a seller to provide genuine or legit reason that they have no choice but to short sale their property. Here are some requirements you must meet to be eligible for a short sale: *1. The Market Value of your Property Has Dropped* If the drop in the market value has decreased the worth of your home lower than the mortgage debt, you can request for a short sale to settle the outstanding amount. However, if there is still some unpaid balance, you may have to pay a prepayment penalty. *2. Financial or Other Forms of Hardship* You must submit a letter of hardship to your lender, explaining why you are unable to pay your mortgage payments and have to short sale your home. Most people have a vague idea about what constitute as hardship in the eyes of a lender. A few examples of hardship include divorce, bankruptcy, medial emergency, unemployment, and sudden illness. Examples of what does NOT constitutes as hardship are pregnancy, buying another home, unhappy with the neighbors, and bad purchase decisions. *3. Defaulting on Mortgage Payments* If you are not current with your payments, you may be able to qualify for a short sale. The lender will evaluate your financial situation and may want to try out a few alternatives before agreeing to the short sale. *4. You Have no Assets* Lenders request a copy of a financial statement or tax returns to determine whether you have any significant assets that can be liquidated to cover the shorted difference. If there are such assets, then the lender is likely to reject your application or seek deficiency after the short sale has been finalized. Working with an experienced short sale attorney can help you better negotiate the terms with your lender. Your attorney will scrutinize the documents and make sure the lender is not tricking you into signing anything that may affect you in the long run. If the lender has agreed to waive off the deficiency judgment verbally, your attorney will make sure it is also in black and white so that they cannot come after you to claim it. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today and let our short sale attorney help with your case. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [What You Should Know About Chapter 7 Bankruptcy](https://www.covertlegal.com/what-you-should-know-about-chapter-7-bankruptcy/) **Published:** November 11, 2020 **Author:** Brian Covert **Content:** If your debt is greater than your current income and you appear headed into further debt, declaring bankruptcy is an option you should consider. [Chapter 7](https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics) can help clear away several unsecure debts, which can bring your finances back on track. While it can have a negative effect on your creditworthiness, filing can be a feasible option if your home is facing foreclosure. **Who is Eligible for Chapter 7 Bankruptcy?** In order to quality for this bankruptcy you: - Need to complete a credit counselling course from an [approved agency](https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111) at least 180 days before you file. - Cannot have filed for Chapter 7 bankruptcy in the past eight (8) years or Chapter 13 bankruptcy in the past six (6) years. Also, the average of your monthly income in the past six (6) months must be less than the income of a household that is the same size as yours or you will have to clear a means test. This will determine if your disposable income is sufficient enough to make partial debt payments to unsecured creditors. **The Means Test** The decision to file for bankruptcy is not yours alone. You will also have to clear a means test ordered by the court to determine whether you are eligible for [Chapter 7](https://www.covertlegal.com/chapter-7-bankruptcy-vs-chapter-13/). As previously mentioned, if you earn less than the median, you are eligible. In fact, even if your income is higher than the median, you may still qualify after allowable expenses are discarded. Ultimately, if the final calculation shows you have enough money left over after expenses to pay off debts, you may be allowed to file Chapter 13. **Debts Chapter 7 Bankruptcy Can and Cannot Erase** Chapter 7 bankruptcy can do away with dischargeable debts such as medical bills, car loans, utility bills, credit card debt and judgements from debt collectors. However, it cannot erase debts pertaining to child support, alimony, student loans and debts you owe the government, such as traffic tickets and tax debts. Before you file, make sure you are actively knowledgeable on your debt payments to increase your chances of qualifying. If you are looking for an attorney to help you out, get in touch with ours at [Covert Marrero Covert, LLP](https://www.covertlegal.com/) today. We offer personalized services in Warrenville, Schaumburg or Naperville, Illinois. Get in touch with us for a one-on-one consultation today. We are also accepting virtual conferencing appointments via telephone and video conferencing. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Chapter 7 Bankruptcy Lawyer --- ### [Mistakes Leading to Foreclosure Even When You Are Current With Your Payments](https://www.covertlegal.com/mistakes-leading-to-foreclosure-even-when-you-are-current-with-your-payments/) **Published:** February 14, 2017 **Author:** Brian Covert **Content:** *If you fall behind or fail to make timely payments of your mortgage loan, the lender will issue a 90-day foreclosure notice, and when the period expires, will take legal action to repossess your home.* This is the typical situation in which homeowners lose their home to foreclosure, unless they resort to any defenses suggested by their [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/). While it is true that your home is safe if you are making payments on time, there are certain conditions outlined in the mortgage agreement that, if violated, can trigger the lender’s right to sell your home. The following are some mistakes that may lead to foreclosure even when you are current with your mortgage payments: **Not Paying the Homeowners Insurance Premiums** Every mortgage contract requires the homeowner to have their property insured. The logic behind making homeowners insurance a part of the agreement is that if the property is damaged by a natural disaster, fire breakout, or any other incident and the homeowner goes default on their payment, the lender may not be able to reimburse the full amount of the loan. The homeowners insurance policy is made mandatory to ensure any substantial damage is covered that may devalue the property. The lender may not send you reminders for paying the insurance premium. If you don’t pay it, they will wait for the insurance company to cancel your policy, and purchase a lender-placed or force-placed insurance policy. The lender will then add this cost to your loan payment, and if you refuse to pay this amount, they consider it as a default payment and may foreclose the property. **Not Paying the Property Tax** It is imperative for a homeowner to stay current on their property taxes. If they don’t, the taxing agency has the right to file a property tax lien, enabling them to sell the house and use that money to pay off the tax debts. In order to avoid losing the property to the tax agency, the lender will send reminders to pay the property taxes. If they are still unpaid, the lender will make the payment to ward off a tax sale, and add the bill to your loan. Under the mortgage agreement, the lender has the right to add this amount to your total loan amount. If you don’t reimburse the lender for the property tax they paid, they might foreclose your home. If you settle the debt, the lender may ask you to open an escrow account to ensure the tax is paid regularly in the future. Other mortgage violations may include breaching the due-on-sale clause by transferring the title to another person and not maintaining the property that may affect its market value, among others. It is essential to read the terms and conditions of the mortgage agreement carefully to ensure you don’t make such mistakes and lose ownership of your property. However, if you are facing [foreclosure](https://www.covertlegal.com/how-a-foreclosure-defense-lawyer-can-help-you/) and want to keep your home, you should talk to an experienced foreclosure defense attorney to evaluate your options. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. We have offices in Schaumburg, Illinois, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [What Are The Benefits Of Buying A Short Sale In Illinois?](https://www.covertlegal.com/what-are-the-benefits-of-buying-a-short-sale-in-illinois/) **Published:** March 16, 2022 **Author:** Brian Covert **Content:** If you are in the market for a new home, but money is tight, consider a [short-sale](https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1) property. These properties are sold for less than market value and less than the amount owed on their mortgage. Banks and lenders agree to short sales to recover some of the loans owed to them. **Top Benefits of Buying a Short Sale in Illinois** Here are some of the main benefits you can enjoy with a short sale: **Get A Home Below Market Price** [Short sales](https://www.covertlegal.com/common-problems-and-obstacles-with-short-sales/) can give you more value for your money, and you will also have some leftovers. These are never offered at market value so that you can get them at a great discount. Your Illinois short sale attorney can determine the true value of the property and help you reach an agreement that covers legal costs and repairs. **Get an Empty Unit** If the property has a tenant, your Illinois short sale attorney can ensure the ownership transfer is transparent and legal before the short sale. This includes making sure the tenant is out of the house at closing. The worst thing you can do is rent it back to the previous owner. They already have bad credit. After getting a short sale, you can work with your realtor to develop a marketing plan for your new empty unit before you put it up for rent. Bring it up to standards first. You will have sufficient money left over to do that and more to make the property attractive to tenants. **Cooperative Home Owners** Homeowners whose property is in foreclosure are not as cooperative as those who put theirs up for short sales. In some cases, buyers may have to force the former to evict the premises, and the previous owner may also damage the property before they leave. In comparison, most sellers are eager to complete a short sale if it means they won’t have to pay the outstanding mortgage. [Short sales don’t hurt their credit as much as a foreclosure](https://www.covertlegal.com/how-long-does-a-foreclosure-stay-on-your-credit-report/) can. They can buy a new property later easily. This amicable relationship between you and the seller can speed up the short sale process so you can move into or use the property as soon as possible. **Contact Covert Marrero Covert for a Legal Consultation** If you are looking for a dedicated and passionate Illinois short sale attorney, look no further than [Covert Marrero Covert](https://www.covertlegal.com/) LLP. Our lawyers have extensive experience helping clients buy properties on a short sale and sellers who have fallen behind on their mortgage payments. We leave [no stone unturned](https://www.hgtv.com/lifestyle/real-estate/new-short-sale-rules-what-you-need-to-know) to ensure you get the best deal. This includes a perusal of the paperwork for errors that can otherwise lead to costly mistakes. This includes legal liabilities you may not be able to handle later. Get in touch with us for a free consultation today. We are not afraid to go to court if it means you get the best deal and are treated fairly during the short sale process. Remember, the selling agent will also be working with the bank. They may try to short-change you if they think they can get away with it. Our Illinois short sale attorneys can prevent that from happening and take legal action if necessary. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** short sale --- ### [Steps to Take When Buying a Foreclosure](https://www.covertlegal.com/steps-to-take-when-buying-a-foreclosure/) **Published:** November 28, 2022 **Author:** Brian Covert **Content:** A foreclosure purchase is a bit more complex than the purchase of a listed property, but a great deal can make the hard work worth it. If your home is [going into foreclosure](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000), on the other hand, hire a foreclosure defense lawyer to fight for your rights. ## How to Purchase a Foreclosed Property in 5 Easy Steps Buying a foreclosed property involves these basic steps: ### Step 1 – Find Representation Before you look for foreclosed properties for sale, find an agent with experience. The purchase has several risks you may not be aware of before it is too late. A veteran real estate agent can pinpoint red flags, tell you if the [neighborhood’s property values are declining](https://www.forbes.com/advisor/mortgages/real-estate/housing-market-predictions/), and locate top-quality bargains. ### Step 2 – Get Pre-Approval The [foreclosure](https://www.covertlegal.com/common-mistakes-homeowners-make-during-foreclosure/) market is highly competitive – most investors pay cash upfront, so these properties sell fast. If you cannot pay for one immediately, get financing beforehand. To do that, get pre-approved for a loan. Find out the amount you can borrow beforehand to make an offer. ### Step 3 – Shop Around For Foreclosed Properties Once you know the amount you can offer, shop around for foreclosed properties with your agent. Compare similar options to determine their pros and cons before choosing. This includes the value of homes in the neighborhood. You can find a listing in local newspapers, REO listings in banks, or on large real estate sites such as Zillow. If you choose the bank option, you will have to wait a bit for a response. This includes a showing to see if the property is worth your investment. A skilled agent will make the process easier and expedite it. ### Step 4 – Executing a Sale Whether you find a foreclosed property at an auction or through referrals from your agent, you must make an offer. Make sure it fits your budget, i.e., the loan amount you were approved for and any additional financing you can arrange. Your budget should leave room for repairs, renovations, property taxes, closing charges, inspections, and insurance. If you go over budget, you may have to sacrifice some of these aspects, reducing the property value further. ### Step 5 – Inspections and Liens You can arrange an inspection as soon as you finalize an offer. But inspect the property yourself beforehand. Inspections can range anywhere from $400 to $800, depending on the options you pick. For example, you will have to pay more for an in-depth home inspection, including a radon and termite check and sewer and waterline assessment. It would help if you also resolved liens beforehand. Most foreclosed properties have multiple outstanding loans that belong to different lenders. Hire a title company to sort through these and reveal/resolve conflicts before you get a loan for the purchase. Move towards closing when everything is resolved. ## Contact Covert Marrero Covert for a Consultation Today! If your home is undergoing foreclosure, you can appeal the decision with help from a [foreclosure defense lawyer in Illinois](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) from Covert Marrero Covert, LLP. We provide personalized legal services that can ease your stress, frustration, and fear. Don’t go against aggressive adversaries on your own. Contact us for a consultation today by dialing 630-717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer **Tags:** foreclosure --- ### [Common Types of Foreclosure Scams You Should Know About](https://www.covertlegal.com/common-types-of-foreclosure-scams-you-should-know-about/) **Published:** June 6, 2017 **Author:** Brian Covert **Content:** When going through a foreclosure, it is natural for any homeowner to panic and resort to any solution that allows them to keep their home. You may encounter some people who will label themselves to provide mortgage or foreclosure relief to homeowners in distress. But in reality, they are scam artists with the intention to make profits from your financial misfortune. They will make big promises that they will reduce payments or even pay your mortgage and guarantee to save your home. Some might even go to the lengths of claiming to be working with your mortgage lender. It is essential that you know about the types of [foreclosure scams](https://www.consumer.ftc.gov/articles/0100-mortgage-relief-scams) to keep yourself safe from losing your most valuable assets to con artists and fraudulent companies. **1. Lender Scams** When you receive the [foreclosure](https://www.covertlegal.com/steps-to-take-when-buying-a-foreclosure/) notice, a lender may contact you and suggest refinancing your mortgage loan with lower payments. The offer will seem very attractive to you because in the beginning you will have to make significantly low payments, as you will be paying the interest amount only. When the term ends, you realize that the actual amount you borrowed is still outstanding in the form of a balloon payment. If you are unable pay off that entire balloon payment, you may have to give up your home to the lender. **2. Equity Skimming** Equity skimming is another common technique that most homeowners fall prey to. In this scam, an individual approaches you claiming to be a buyer. They promise to pay off your mortgage and give you a lump sum amount when your house is sold. The buyer will ask you transfer the property deed to them, move out, and break off any communication with your lender. The buyer will most likely rent out your home and collect monthly rental payments for several months. During this period, they won’t make any mortgage payments and since you have severed all forms of communications with your lender, they will not be able to inform you about the missing payments. This will allow your lender to foreclose your home, as transferring your property deed to another party does not means that you are relieved of the obligation on your loan. **3. Fraudulent Counseling Agencies** After you have been issued a foreclosure notice, you may start receiving calls from phony counseling agencies that may claim to provide you with ways to save your home. They will ask you to pay exorbitant upfront fees for their ‘valuable’ services. However, in reality, all they do is make a few calls and complete paperwork involved in getting a repayment plan approved from your lender, or may work to organize a [short sale](https://www.covertlegal.com/how-to-buy-a-short-sale-property-in-illinois/). But, all these activities can be easily performed by a homeowner, without incurring any additional costs. These counseling agencies mislead homeowners and keep them from getting real help. Since homeowners are desperate to keep their property from being foreclosed, scam artists tend to take advantage of their situation. It is recommended that you discuss your case with an experienced [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) and know what options are available to you. For more information, [contact](https://www.covertlegal.com/contact-us/) Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [4 Ways A DUI Can Ruin Your Life](https://www.covertlegal.com/4-ways-a-dui-can-ruin-your-life/) **Published:** December 5, 2023 **Author:** Brian Covert **Content:** The state of Illinois [arrested 21,735 drivers](https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf) for suspected drunk driving in 2021, and the crime resulted in 330 fatalities that year. DUI is dangerous, and getting charged with this crime can cause you severe problems in many areas of life. However, with the help of skilled [Naperville DUI lawyers](https://www.covertlegal.com/practice-areas/dui-defense/) at Covert Marrero Covert LLP, it is possible to have a positive outcome on your case. Learn more below about DUI consequences to your life, then speak to one of our attorneys for legal advice. ## What Are Penalties In Illinois For A First-Time DUI Conviction? The first way a DUI can ruin your life is by saddling you with a criminal record and the resulting penalties. A first-time DUI in Illinois is a [Class A misdemeanor](https://www.forbes.com/advisor/legal/dui/illinois-dui-laws/), and your driver’s license will be suspended for at least one year. You could receive up to a year in jail. If your blood alcohol level (BAC) was more than .16%, you also must pay a minimum fine of $500 and complete 100 hours of community service. If a child under 16 was in the car you will pay at least a $1,000 fine and get up to six months in jail. The criminal penalties for a DUI conviction are merely the start of your problems. If you are convicted, you face the following collateral consequences to your life: ### Employment And Education Difficulties Many people charged with DUI have difficulty finding or keeping a job. If convicted, you are even more likely to face employment problems. When an employer runs a background check, it is likely an arrest or conviction will appear on your record. Also, having your driver’s license suspended can impede your ability to get to work and may prevent you from working in driving-related occupations. If you have a commercial driver’s license (CDL), you risk losing it if you have a DUI conviction. Next, your ability to get an education can be affected by a DUI charge or conviction. Certain educational institutions want you to have a clean record of attending their programs. If you are already enrolled, the school could suspend or expel you for a criminal charge. ### Auto Insurance Premium Increases If you are convicted, your auto insurance rates are sure to rise, and often by a significant amount. If your auto insurance is canceled, finding a replacement policy could be challenging. ### Damaged Personal And Professional Relationships People with DUI convictions are looked upon dimly in American society. Many people in your personal and professional circle may not want to associate as closely with you after a DUI conviction. Fortunately, with the help of a skilled [DUI](https://www.covertlegal.com/do-dui-arrests-increase-in-illinois-during-the-summer/) attorney, it is possible to fight a drunk driving charge and potentially beat it. ## Charged With Drunk Driving? Contact Our Naperville DUI Lawyers Now Few things can derail your life faster than a DUI conviction. Before you know it, you could be put behind bars, fined, and have your driver’s license suspended for drinking and driving. That’s why you need to enlist the Naperville DUI lawyers at [Covert Marrero Covert](https://www.covertlegal.com/contact-us/) LLP by dialing (630) 717-2783 now. Even a first offense is not something to take lightly, and our attorneys will strive to get your charge reduced or even dismissed. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Lawyer **Tags:** DUI --- ### [Is It A Good Time For A Home Loan Modification?](https://www.covertlegal.com/is-it-a-good-time-for-a-home-loan-modification/) **Published:** May 18, 2022 **Author:** Brian Covert **Content:** While the Covid-19 pandemic is ending, homeowners are still falling behind on mortgage payments as they build back their finances. Foreclosures hit [record low rates in 2021](https://www.forbes.com/advisor/mortgages/foreclosures-hit-record-low/) due to government relief efforts, but will that trend end as the housing market normalizes? A home loan modification is a good idea for homeowners who face foreclosures down the road despite these relief programs. **What Is A Home Loan Modification?** A [home loan modification](https://www.covertlegal.com/home-loan-modification-why-you-need-an-attorney/) is ideal for homeowners who want to leave forbearance but are not eligible for refinancing. If your financial outlook is not going to change anytime soon, this is a good option. Your lender will either reduce your rate or increase the loan term to make your mortgage affordable and manageable by modifying your loan. **President Joe Biden’s Mortgage Relief Plan** If you opted for VA, FHA, or USDA loans, you might even be eligible for President Biden’s [mortgage stimulus program](https://themortgagereports.com/79224/biden-mortgage-relief-25-percent-reduction). It allows homeowners to reduce their payments by almost 25% via a home loan modification. This is how the program works – homeowners who opted for government-backed mortgages and were unable to make their monthly payments during the pandemic receive enhanced aid. The option is especially beneficial for those who cannot pay their taxes, are searching for employment, re-training, or face any other hardship. Loan modification options differ as per the loan program a homeowner participates in: **Loan Relief for FHA Loans** With FHA loans, homeowners will be able to lower their monthly interest and principal payments by a whopping 25%. These changes also include increasing the loan term by 360 months per the current market rate. **Loan Relief for USDA Loans** Borrowers who opted for USDA loans will be able to reduce their monthly payments by up to 29 percent via interest rate reductions, term extensions, or by covering past mortgage payments if they have them. **Loan Relief for VA Loans** Similarly, homeowners who opted for VA loans can also get a 20% payment reduction on their mortgages and larger ones. The loan terms for this kind of loan may also be extended to 480 months, reducing overall mortgage payments significantly. On the other hand, it may increase the interest rates that have to be paid over the life of the loan. **Home Loan Modifications in Illinois** Illinois is creating a [mortgage relief program](https://www2.illinois.gov/IISNews/24694-Pritzker_Administration_Announces_$309_Million_Assistance_Program_for_Illinois_Homeowners_Impacted_by_COVID-19.pdf) called the Illinois Homeowner Assistance Fund, effective from April 2022 onwards. Under the program, eligible households will be able to apply for $30,000 in free aid that can help them pay off property taxes or reduce overall payments, among others. Homeowners who live in communities that have been hit hard by the pandemic will be prioritized at no cost. To qualify, homeowners must prove that they have been suffering financially because of the pandemic on or after January 2020. Plus, they must also own or live in their home as a primary residence, be at least 30 days late on mortgage payments or other expenses, and have a total household income of less than 150 percent of the area median income. **Get a Home Loan Modification Easily With help from Covert Marrero Covert** Having a Warrenville home loan modification attorney in your corner is a good idea. Contact our [home loan modification attorneys](https://www.covertlegal.com/practice-areas/home-loan-modifications/) at [Covert Marrero Covert LLP](https://www.covertlegal.com/) for on and off-site appointments. We will streamline the process for you. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Home Loan Modification Attorneys **Tags:** home loan --- ### [Foreclosure Defenses for Real Estate Property Owners](https://www.covertlegal.com/foreclosure-defenses-for-real-estate-property-owners/) **Published:** March 7, 2018 **Author:** Brian Covert **Content:** If you have defaulted on a mortgage for your real estate property, the creditor can decide to foreclose on the property and then sell it at a formal auction to the highest bidder. However, there are certain steps you can take to defend against foreclosure. It is critical that you retain a great [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to support your case and help you understand the foreclosure process as well as following possible arguments. **Foreclosure process** Before considering foreclosure, your lender may send you a formal notification that you are defaulting on the debt. Such notices may indicate the amount you owe and the deadline for the payment to prevent the creditor to initiate the foreclosure process. It may also include language regarding ‘restarting’ or ‘curing’ the mortgage. Also, it has to be served to you within a certain timeframe as given by the state. If you fail to take defensive steps or lose the case ultimately, then your property will be sold to the highest bidder – usually the bank. **Loan modification** A mortgage provider must decide if you are eligible for a loan modification before foreclosing on your property. You have to be informed in writing of any loan modification or other options available that may assist you to retain the real estate property. In this situation, you must approach a home loan modification lawyer to help you with your case and come up with the best outcome. If a pending loan modification application is already there, the lender cannot foreclose on your property while this decision is under consideration. **Rights of redemption** You may redeem the sale upon paying all or a certain portion of the debt within a given time period. **Deed-in-Lieu of foreclosure** A deed-in-lieu of [foreclosure](https://www.covertlegal.com/the-foreclosure-defenses-that-can-help-save-your-home/) is typically a formal deed instrument in which you voluntarily convey all interest in your real estate property to the creditor to satisfy the debt and avoid foreclosure proceedings. If you are thinking to opt for this step, you must approach a deed-in-lieu lawyer to help you with the process. **Short sale** You can choose to sell your property for a price lesser than the due debt. As soon as a [short sale](https://www.covertlegal.com/situations-that-makes-you-eligible-for-a-short-sale/) completes, you release the property from your lien in exchange for the property’s sale proceeds. However, you need to obtain creditor’s consent for the sale and provide documentation, including letter demonstrating the reasons for delinquency, financial statements, and evidence of income. Retain a short sale lawyer to help you with this process. For more information or to schedule a free consultation, contact Covert & Covert, LLP today at 630-717-2783 to speak with an experienced attorney on your real estate concerns. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer --- ### [How To Buy A Foreclosure In Illinois](https://www.covertlegal.com/how-to-buy-a-foreclosure-in-illinois/) **Published:** June 3, 2024 **Author:** Brian Covert **Content:** Purchasing a foreclosure in Illinois can present a unique opportunity for buyers looking for a potential bargain or an investment property. Foreclosed properties are those where the homeowner has been unable to meet their mortgage obligations, leading the lender to take possession of the property and sell it to recover the unpaid loan amount. This process can offer buyers lower prices compared to traditional real estate listings. However, buying a foreclosure involves specific steps, legal processes, and considerations that differ significantly from other real estate purchases. Understanding these can help buyers make informed decisions and potentially benefit from significant savings. The process begins when a property is officially foreclosed and owned by the bank or lender, known as a [real estate owned (REO) property](). These properties are then typically sold through auctions or directly on the real estate market. Purchasing a foreclosed home requires thorough research, keen attention to legal details, and, often, the ability to act quickly. Potential buyers must navigate through various legal stages and comply with specific Illinois statutes that govern foreclosure sales. Awareness of these legal frameworks and potential risks associated with purchasing foreclosed properties is crucial in making a sound investment decision. ## Opportunity In Buying Foreclosures In Illinois Foreclosed properties in Illinois can often be purchased at prices below market value, which is the primary allure for many buyers. These properties, however, might come with their share of challenges, including neglect and damage, as they might need to be maintained adequately. It’s beneficial for buyers to conduct a comprehensive inspection and assess any property damage or issues that could incur additional costs. This assessment helps in understanding the overall value and potential expense of bringing the property up to standards. ## Understanding The Legal Process The legal process of buying a foreclosure in Illinois starts when a property enters foreclosure after a homeowner defaults on their mortgage. This legal action is initiated by the lender through the court system, resulting in a judgment and eventually an auction where the property is sold to the highest bidder. Buyers interested in foreclosures should track these auctions, which are typically published in local newspapers or online court records. Buyers need to prepare by arranging financing in advance, as foreclosure purchases often require quick payment. ## Legalities And Risks Buying a foreclosure involves several legalities that require careful attention. One primary legal consideration is ensuring the title is clear. This means the property must be free of liens, other claims, or encumbrances that could complicate the transfer of ownership. Buyers should invest in a thorough title search and consider purchasing title insurance to protect against any potential title issues. Additionally, buyers must be aware that foreclosed properties are generally sold “as-is,” which means the seller, typically a bank or lender, makes no warranties regarding the condition of the property. ### Steps to Purchase a Foreclosure in Illinois 1. **Research –** Start by identifying potential foreclosure properties through online databases, real estate agents specializing in foreclosures, or public records. 2. **Inspect the Property –** Before bidding or making an offer, inspect the property thoroughly to assess its condition and estimate any necessary repairs or renovations. 3. **Check Legalities –** Conduct a title search to ensure there are no liens or other legal encumbrances. 4. **Secure Financing –** Arrange your financing beforehand, as foreclosure sales often require quick payment and generally do not qualify for seller financing. 5. **Retain an Attorney –** Consult with a real estate attorney skilled in Illinois foreclosure law to navigate the legal aspects of the purchase process. An attorney can assist with contract review, negotiations, and ensuring that all legal requirements are met. 6. **Attend Auction or Submit an Offer –** Participate in the auction if the property is being sold in this manner or submit an offer through a real estate agent if it is listed on the market. ## Consulting With An Illinois Real Estate Attorney Given the complexities and potential risks involved in buying a foreclosure, it is advisable to consult with a real estate attorney who understands Illinois foreclosure law. Our attorneys can guide you through the legal intricacies of the purchase process, from bidding at an auction to ensuring the final sale meets all legal requirements. Our firm can also assist in negotiating with the banks, managing the paperwork, and ensuring that your investment is secure. While buying a foreclosure in Illinois can be a pathway to obtaining a property at a reduced cost, it comes with its set of challenges and legal considerations. Prospective buyers must approach these opportunities with diligence, thorough preparation, and, ideally, with experienced legal guidance to navigate the complexities of foreclosure purchases. This careful approach will help ensure that the investment is sound and that the property can be secured without unforeseen legal complications. ## Contact Our Illinois Foreclosure Attorney For Guidance Attempting to navigate the process of buying foreclosed properties without the assistance of an experienced legal advocate can significantly complicate and hinder your efforts. To ensure that your foreclosure purchase is handled with the highest level of experience and care, contact our [Naperville foreclosure attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP. You can call us at [(630) 717-2783](tel:16307172783) to schedule your initial consultation. Our firm serves clients in Warrenville, Naperville, and Schaumburg, Illinois. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney --- ### [Frequently Asked Questions About Divorce In Illinois](https://www.covertlegal.com/frequently-asked-questions-about-divorce-in-illinois/) **Published:** April 1, 2024 **Author:** Brian Covert **Content:** Divorce is a significant life event that can raise numerous questions and uncertainties. Understanding the divorce process in Illinois is essential for individuals contemplating or undergoing a marital dissolution. Seeking guidance from our Warrenville divorce lawyer can provide clarity and assistance throughout this challenging time. Here are answers to some frequently asked questions about divorce in Illinois: ## What are the Grounds for Divorce in Illinois? In Illinois, [couples can only file for divorce based on no-fault grounds](https://www.isba.org/public/guide/gettingadivorce#:~:text=The%20only%20grounds%20for%20divorce,irretrievable%20breakdown%E2%80%9D%20of%20a%20marriage.). No-fault grounds typically involve irreconcilable differences, where the marriage has irretrievably broken down, and efforts at reconciliation have failed. ## How Long Does It Take to Get a Divorce in Illinois? The timeline for finalizing a divorce in Illinois varies depending on several factors, including the complexity of the issues involved, the level of cooperation between spouses, and court scheduling. On average, uncontested divorces may be resolved more quickly, while contested divorces may take several months or even years to conclude. ## What is the Process for Filing for Divorce in Illinois? To initiate the divorce process in Illinois, one spouse must file a petition for dissolution of marriage with the circuit court in the county where either spouse resides. The filing spouse (the petitioner) serves the other spouse (the respondent) with the divorce papers, officially commencing the legal proceedings. ## How is Property Divided in an Illinois Divorce? Illinois follows the [principle of equitable distribution when dividing marital property in a divorce](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm). This means that marital assets and debts are divided fairly, but not necessarily equally, based on various factors, such as each spouse’s contributions to the marriage, their financial circumstances, and the duration of the marriage. ## What About Child Custody and Support in Illinois Divorce Cases? Child custody and support are significant issues in many divorce cases involving minor children. Illinois courts prioritize the child’s best interests when determining custody arrangements, considering factors such as the child’s relationship with each parent, their living situation, and their educational and emotional needs. Child support payments are calculated based on statutory guidelines that consider factors such as each parent’s income and the child’s financial needs. ## Do I Need to Hire a Divorce Lawyer? While navigating the divorce process without legal representation is possible, hiring a Warrenville divorce lawyer can provide numerous benefits. An experienced attorney can offer personalized advice, advocate for your interests, and protect your rights throughout the divorce proceedings. Additionally, a lawyer can help negotiate settlements, draft legal documents, and represent you in court if necessary. ## Is Mediation an Option for Divorce in Illinois? Mediation is a viable alternative to traditional litigation for resolving divorce disputes in Illinois. Mediation involves a neutral third party, known as a mediator, who facilitates discussions between the spouses to reach mutually acceptable agreements on issues such as property division, child custody, and support. Mediation can be a cost-effective and less adversarial approach to divorce, allowing couples to maintain greater control over the outcome of their case. ## What Role Does Alimony Play in an Illinois Divorce? Alimony, also known as spousal support or maintenance, may be awarded in Illinois divorces to provide financial assistance to a spouse who cannot support themselves independently following the dissolution of the marriage. When determining the amount and duration of alimony payments, the court considers factors such as each spouse’s income, earning capacity, and financial needs. ## Can I Modify a Divorce Decree in Illinois? Yes, modifying certain aspects of a divorce decree in Illinois is possible under certain circumstances. Common reasons for seeking modifications include changes in financial circumstances, relocation, or significant life events affecting child custody arrangements. However, modifications must be approved by the court and demonstrate a substantial change in circumstances since the original divorce decree was issued. ## What Happens If My Spouse Refuses to Cooperate in the Divorce Process? If your spouse refuses to participate or cooperate in the divorce process, it may complicate proceedings and prolong the timeline for resolution. However, Illinois law allows for divorce by default if one spouse fails to respond or participate after being properly served with divorce papers. In such cases, the court may proceed with the divorce based on the information provided by the filing spouse. ## What Steps Should I Take to Prepare for Divorce in Illinois? Before initiating the divorce process, gathering relevant financial documents, such as tax returns, bank statements, and retirement account statements is essential. Additionally, it may be beneficial to consult with a Warrenville divorce lawyer to discuss your rights, options, and potential outcomes. Taking proactive steps to prepare for divorce can help streamline the process and protect your interests. ## How Does Divorce Impact Health Insurance Coverage? Divorce can have implications for health insurance coverage, particularly if one spouse was covered under the other spouse’s employer-sponsored health plan. Illinois law allows for the continuation of health insurance coverage for a spouse and children through COBRA or other health insurance options. Addressing health insurance considerations as part of the divorce settlement negotiations is essential. ## What Role Does Parenting Time Play in Illinois Divorce Cases? Parenting time, also known as visitation, refers to the schedule and arrangements for each parent to spend time with their children following divorce or separation. Illinois courts encourage parents to develop parenting plans that prioritize the child’s best interests and promote meaningful relationships with both parents. Parenting time arrangements can vary depending on factors such as the child’s age, school schedule, and parental availability. ## How Can I Protect My Rights During the Divorce Process? Protecting your rights during the divorce process involves: - Understanding your legal rights and obligations. - Communicating effectively with your attorney. - Advocating for your interests in negotiations and court proceedings. Maintaining open lines of communication with your Warrenville divorce lawyer and seeking clarification on any questions or concerns that arise throughout the process is essential. By staying informed and actively participating in your case, you can help ensure a fair and equitable resolution to your divorce. Navigating through the complex divorce process in Illinois involves understanding the legal requirements, procedures, and potential outcomes. Consulting with our experienced Warrenville divorce lawyer can provide invaluable support and guidance during this challenging time. By addressing common questions and concerns about divorce, individuals can make informed decisions and work towards achieving a fair and equitable resolution to their marital dissolution. ## Contact Our Warrenville Divorce Lawyer For Exceptional Legal Assistance! Handling divorce matters without the guidance of an experienced legal professional can significantly escalate the intricacies and difficulties of your divorce proceedings. To ensure that your divorce is managed with the highest level of experience and attention, contact our [Warrenville divorce lawyer](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP at [(630) 717-2783](tel:16307172783) for an [initial consultation](https://www.covertlegal.com/contact-us/). ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Lawyer --- ### [How Corporate Investors Are Impacting Real Estate Markets](https://www.covertlegal.com/how-corporate-investors-are-impacting-real-estate-markets/) **Published:** February 26, 2024 **Author:** Brian Covert **Content:** The impact of corporate investors on the real estate market has been a topic of considerable discussion and concern in recent years. With significant financial resources at their disposal, these institutional investors have been able to exert considerable influence on housing markets across the United States, including in Illinois. Covert Marrero Covert LLP, with its deep roots in Warrenville, Naperville, and Schaumburg, Illinois, is uniquely positioned to provide insights into how these trends are shaping local real estate dynamics and the role of Illinois real estate attorneys in navigating these complexities. ## The Rise of Corporate Investors in Real Estate Corporate investors, often backed by large investment firms or hedge funds, have been increasingly active in the real estate sector. Their strategy typically involves purchasing single-family homes and other residential properties en masse, which are then turned into rental units. This trend gained momentum in the wake of the 2008 financial crisis when these investors saw an opportunity to buy properties at depressed prices. More recently, corporate investment in real estate has continued to grow, with [firms investing roughly $50 billion in single-family rentals in recent years](https://www.bankrate.com/real-estate/how-investors-affect-housing-shortage/). ## Implications for Housing Markets The influx of corporate investments has several implications for local housing markets: - **Reduced Homeownership Opportunities** – As institutional investors snap up a significant portion of available homes, particularly in high-demand areas, they reduce the inventory of homes available for purchase by individual buyers. This can be particularly challenging for first-time homebuyers or those with limited financial resources. - **Increased Competition and Prices** – Corporate buyers often have the advantage of making all-cash offers and purchasing properties in bulk, which can sideline traditional buyers and drive up home prices, making affordability an even greater challenge. - **Shifts in Rental Markets** – The conversion of purchased homes into rental properties can alter the dynamics of local rental markets, potentially leading to increased rents and changes in community composition. ## The Role of Real Estate Attorneys In this complex landscape, the role of real estate attorneys becomes increasingly important. Illinois real estate attorneys can provide crucial guidance and representation in several areas: - **Navigating Transactions** – Attorneys can help buyers and sellers navigate the complexities of real estate transactions, ensuring that their rights are protected in a market that is increasingly dominated by well-resourced corporate entities. - **Legal Advice & Guidance** – They can offer legal advice on matters related to property rights, zoning laws, and other regulatory issues that may impact the ability to buy, sell, or develop real estate in Illinois. - **Dispute Resolution** – Real estate attorneys are also instrumental in resolving disputes that may arise from real estate transactions or ownership, including those involving corporate landlords and tenants. ## Looking Ahead The real estate market is likely to continue evolving as corporate investors play an increasingly significant role. This could lead to further changes in homeownership trends, housing affordability, and community structures. While some markets may see a decrease in corporate real estate investment, as suggested by recent trends, the long-term implications remain uncertain. The impact of corporate investors on the real estate market presents both challenges and opportunities. Understanding these dynamics and seeking the right legal and professional support is crucial for anyone involved in the real estate sector, from individual homeowners to large institutional investors. For individuals and families navigating this landscape, the support of knowledgeable Illinois real estate attorneys like those at Covert Marrero Covert LLP is invaluable. Whether you’re looking to buy a home, sell a property, or deal with legal issues related to real estate, professional legal advice can help you make informed decisions and protect your interests in a market that is becoming increasingly complex. ## Contact Our Illinois Real Estate Attorneys For Exceptional Legal Assistance! Navigating real estate matters without the benefit of seasoned legal advice can greatly increase the complexity and challenges of your real estate transaction. To ensure your real estate matters are handled with the utmost care and experience, [contact our Illinois real estate attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP at [(630) 717-2783](tel:16307172783) for an [initial consultation](https://www.covertlegal.com/contact-us/). ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [Why To Never Settle With an Insurance Company Without A Lawyer](https://www.covertlegal.com/why-to-never-settle-with-an-insurance-company-without-a-lawyer/) **Published:** January 9, 2024 **Author:** Brian Covert **Content:** When it comes to dealing with insurance companies following an accident or injury in Illinois, the decision to settle without the guidance of an experienced attorney can be a costly mistake. In this section, we’ll delve into the compelling reasons why settling without legal representation can put you at a significant disadvantage. ## Inadequate Financial Compensation One of the most pressing risks associated with settling without an attorney is the potential for receiving inadequate compensation. Insurance companies are notorious for trying to minimize payouts, and they often employ tactics to undervalue claims. Without the expertise of an attorney, you may not fully grasp the extent of your entitlements. This lack of understanding can lead to accepting a settlement that falls far short of covering your actual expenses and losses. Personal injury cases involve a[ multitude of factors](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.2) that contribute to the overall value of your claim. These factors can include medical bills, lost wages, property damage, pain and suffering, and even potential future damages. An experienced attorney is well-equipped to evaluate your case comprehensively, taking all these variables into account. They have the knowledge and experience to ensure that you pursue compensation that accurately reflects the true extent of your injuries and losses. ## Waiving Future Rights to Compensation Another significant risk when settling without an attorney is the potential to unwittingly waive your future rights. Insurance companies are skilled at including language in settlement agreements that may release them from any further liability related to your claim. Once you’ve signed such an agreement, you may find yourself unable to seek additional compensation, even if your injuries worsen over time or unforeseen complications arise. An experienced Illinois lawyer understands the legal intricacies of these agreements and can carefully review them to protect your rights. They ensure that you[ don’t sign away your ability to pursue further legal action](https://oci.wi.gov/Documents/Consumers/PI-233.pdf) if the need arises. ## Potential for Unfair Tactics from the Insurance Company Insurance companies have a vested interest in minimizing payouts, and they are not above using unfair tactics to achieve their goals. When you’re unrepresented, you may be more susceptible to these tactics. Insurance adjusters may use confusing language, apply pressure to accept quick settlements or attempt to shift blame onto you. Without an attorney to guide you, these tactics can be overwhelming and lead to unfavorable outcomes. An experienced Illinois attorney, however, is well-versed in these tactics and knows how to counter them effectively. They act as your advocate, ensuring that you’re not subjected to manipulative or coercive strategies. With an attorney by your side, you have a knowledgeable and skilled ally who can navigate the complexities of negotiations with the insurance company. ## Importance of Preparing for Potential Litigation While the [majority of personal injury cases are settled out of court](https://bjs.ojp.gov/content/pub/ascii/TCILC.TXT), it’s crucial to be prepared for potential litigation if needed. Without an attorney, you may not have the legal knowledge or resources to take your case to court effectively. Insurance companies are aware of this and may be less inclined to offer fair settlements to unrepresented claimants, knowing they are less likely to pursue a lawsuit. An experienced attorney, on the other hand, is prepared to take your case to court if negotiations do not result in a just settlement. They have the experience to build a strong case, gather evidence, interview witnesses, and navigate the legal procedures required for litigation. This preparation sends a clear message to the insurance company that you are willing and able to pursue your claim through the courts if necessary, increasing the likelihood of a fair settlement offer. The risks of settling with an insurance company without an experienced Illinois attorney by your side are substantial. From the potential for inadequate compensation and waiving future rights to the risk of falling prey to unfair tactics from the insurance company, the drawbacks are numerous. Furthermore, an attorney’s ability to accurately evaluate your claim, negotiate on your behalf, and prepare for potential litigation makes their experience invaluable in ensuring you receive fair compensation for your injuries and losses. Don’t jeopardize your rights and financial well-being; consult with an experienced [Illinois personal injury attorney](https://www.covertlegal.com/practice-areas/personal-injury/) to protect your interests throughout the claims process. ### Contact Our Naperville Personal Injury Lawyers Now! Few things can derail your personal injury claim faster than trying to negotiate your claim without legal representation. That’s why you need to enlist the [Naperville personal injury attorneys](https://www.covertlegal.com/practice-areas/personal-injury/) at Covert Marrero Covert LLP by dialing [(630) 717-2783](tel:16307172783) now. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Personal Injury Attorney **Tags:** insurance --- ### [Pros And Cons Of Buying Foreclosures](https://www.covertlegal.com/pros-and-cons-of-buying-foreclosures/) **Published:** October 31, 2023 **Author:** Brian Covert **Content:** When a home is sold through a foreclosure auction, it means the owner could not keep pace with their monthly payments. After several missed payments, the lender can take possession of the home and sell it at auction. The purpose is to recover as much of the outstanding debt as possible on the home loan. Buying a foreclosed property for investment purposes means buying a home where the last owner did not pay mortgage payments, property taxes, or both. If you are considering buying foreclosures for your next investment, the information in this blog post will be of interest. For help with buying foreclosures or other types of Illinois investment properties, our[ Illinois foreclosure attorneys](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) can guide and advise you. Call today for a legal consultation at (630) 717-2783. ## Pros Of Buying Foreclosures There are several potential [benefits of buying foreclosures as real estate investments](https://www.hgtv.com/lifestyle/real-estate/advantages-and-disadvantages-of-buying-a-foreclosure). They are: ### Lower Price When the bank repossesses a home during a foreclosure, they are often motivated to sell it to reduce their losses. There may be an unpaid mortgage balance, outstanding property taxes, and other liens the lender had to pay off. Because the bank may want to recoup its losses quickly, you can purchase the asset at a lower price than similar homes in the community. The price of the home also may be less than average because the property may not be in mint condition. Some foreclosed homes have not been kept up and may need substantial repairs. So, while you could get a lower price for the home, be prepared to spend money on repairs and renovation. ### Investment Potential Because the home is often cheaper, you can have a solid return on your investment. Foreclosure purchases are popular with house flippers who can purchase a home at a lower price and make the necessary repairs affordably. Then, they can sell it for a profit. But if you want to do this, it is vital to have a thorough understanding of the home’s condition, so make sure you pay for a complete home inspection before purchase. ## Cons Buying foreclosure can be a wise investment decision, but there are cons to consider. They are: ### Timeframe Is Uncertain Banks generally want to offload their foreclosed assets quickly, but the timeline to acquire a foreclosed can vary. Even if you are the only investor who makes an uncommon offer, the lender could have dozens of foreclosures. This means it could take weeks or months for the lender to sort through all of the information requests and offers. If you want to get the home quickly to turn a profit, you might need to wait longer than you prefer. ### Home Condition Foreclosed homes may not be in ideal condition. After all, if the owner could not afford the loan payments, they probably could not afford to keep the house in good repair. They also may not have had the time or energy to do the necessary upkeep and maintenance to keep the home in good condition. Also, the home may have been vacant for months, so there could be even more run down. There also are the possibilities of squatters and vandalism. Ensure you understand the home’s condition and needed repairs before closing. ## Investing In Real Estate? Our Illinois Foreclosure Attorneys Can Assist You For assistance with investing in real estate, speak to one of our Illinois foreclosure attorneys at [Covert Marrero Covert LLP](https://www.covertlegal.com/contact-us/) today. Call (630) 717-2783 for a consultation about local real estate opportunities, including buying foreclosures. Our real estate attorneys have years of experience with all types of Illinois real estate transactions. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney **Tags:** foreclosure --- ### [How To Prepare When You Know Divorce Is Coming](https://www.covertlegal.com/how-to-prepare-when-you-know-divorce-is-coming/) **Published:** October 12, 2023 **Author:** Brian Covert **Content:** Getting a divorce is a complicated emotional process, but many people underestimate the legal and financial complexities. Between the stacks of paperwork, asset division, and potential disagreements about child custody and support, it is easy to feel overwhelmed. But the tips in this article can help the divorce process go more smoothly. If you have questions about divorce, our[ DuPage County divorce lawyers](https://www.covertlegal.com/practice-areas/divorce-family-law/) can help. Covert Marrero Covert LLP, routinely handles divorce and family law cases, such as contested and uncontested divorces, child custody and support, alimony, visitation, and prenuptial agreements. ## Get A Divorce Attorney You will need a DuPage County divorce lawyer when you are certain divorce is imminent. It is faster and less expensive if you and your partner can settle the divorce without litigation, often known as an uncontested divorce. Even if you have an uncontested divorce, you will likely need an attorney to handle the process. Your attorney also can advise you about many critical divorce issues, such as whether it is worth going to court. For example, is it worth it if you want the Mustang in the divorce and it costs you $20,000 in legal fees to get it? On the other hand, spending thousands to get primary custody of your child is likely more important. Some divorces[ can be settled with mediation](https://www.brides.com/steps-to-take-when-preparing-for-divorce-1103276), and your attorney can advise you. A third-party, objective negotiator handles mediation to settle the more contentious aspects of the divorce. ## Collect Financial Information The next step is understanding where you stand financially, which is critical for dividing assets during the divorce. Illinois is an equitable property division state, meaning that marital property is split equitably, not necessarily equally. An[ asset or debt is considered marital property](https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm) if obtained after the marriage but before the divorce date. Some of the assets that you should think about to prepare for property division in divorce are: - The marital home - Other properties you own - Vehicles - Household goods - Retirement accounts - Bank accounts - Pensions - Investments - Life insurance policies Your divorce attorney will help you understand which assets are subject to property division during the process. Some assets could be commingled – marital and separate property – and negotiations may need to be negotiated to divide these assets equitably. ## Understand What You Owe Marital debt is also split equitably in Illinois, so you must understand what you owe as a couple. Collect all account statements showing the balances due and give them to your attorney. This includes mortgages, car loans, student loans, credit cards, personal loans, etc. ## Show Your Income You must document the income for both parties. Assuming you are both full-time workers, paystubs and two years of income tax returns should suffice. Showing each party’s income will be important in determining if spousal maintenance will be paid. ## Speak To Our DuPage County Divorce Lawyers Today Following this blog post’s advice may ease the process if you are getting divorced. For case-specific information about divorce in Illinois, [contact our DuPage County divorce lawyers](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP at (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Attorney **Tags:** divorce --- ### [How Does A Deficiency Judgment Impact Illinois Foreclosure?](https://www.covertlegal.com/how-does-a-deficiency-judgment-impact-illinois-foreclosure/) **Published:** September 4, 2023 **Author:** Brian Covert **Content:** Are you facing foreclosure in Illinois? The foreclosure process is complicated, and it can have financial consequences that last for years. In addition to issues related to foreclosure, the lender can get a deficiency judgment against you for the outstanding balance when the foreclosure is done. Learn about deficiency judgments in this blog post, and speak to our [Illinois foreclosure attorneys](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) today if you need assistance. ## Deficiency Judgment Overview [In Illinois, the lender can ask the court to approve a deficiency judgment](https://www.nolo.com/legal-encyclopedia/deficiency-judgments-after-foreclosure-illinois.html) if they want to pursue you for what you owe after the home forecloses. The outstanding debts are supposed to come from the foreclosure sale proceeds. But if the sale amount does not cover the outstanding debt, you must pay what is left according to the deficiency judgment. Two kinds of deficiency judgments can be ordered in Illinois: ### In Personam This type of deficiency judgment is issued against the borrower. In this situation, you would be personally liable for the debt, which means the lender could garnish your wages, levy your bank account, or even seize your non-exempt assets. ### In Rem This type of deficiency judgment is passed on the property. This means that the borrower redeems the home by paying the balance to the lender with extra interest and fees. In this situation, the lender could put a lien on the home for the remaining debt. For example, suppose you owe $500,000, and the house sells for $300,000, so the deficiency is $200,000. If the mortgage lender sues you and obtains an in personam or in rem deficiency judgment, you must pay them back. If you do not pay the judgment by shutting your bank account or generally refusing to pay, your lender may send a collection agency after you. Fortunately, there are options if you are hit with a deficiency judgment. For example, the best choice is to file for bankruptcy when you get an in personam deficiency judgment. Chapter 7 is usually best because all of the debt is wiped out. If you file for Chapter 13, you must repay part of the debt with a repayment plan. Regardless, you should have an experienced attorney advising you. It is hard to say if a lender will come after you for the deficiency amount. The lender may want to avoid lawsuit expenses and forgive some or all of your debt. But if the lender mails you a Form 1099-C, you must include the debt forgiven as income on your next tax return. ## How Do You Find Out The Deficiency Type In Your Case? The deficiency judgment will come at the foreclosure sale confirmation after the foreclosure sale. This occurs when the foreclosure is over. You should review the order confirming the sale to determine which type of judgment was ordered. The document should have a paragraph that describes the judgment type and how much the deficiency is. ## Contact Our Illinois Foreclosure Attorneys Today If you face foreclosure and have legal questions, you do not have to face your situation alone. An experienced attorney can help you get the answers you need. [Contact our Illinois foreclosure attorneys](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP for help at (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney **Tags:** deficiency judgment --- ### [Why Unmarried Fathers Should Care About Paternity](https://www.covertlegal.com/why-unmarried-fathers-should-care-about-paternity/) **Published:** July 3, 2023 **Author:** Brian Covert **Content:** While many children are born out of a traditional marriage or partnership where it is clear who the father is, that is not always so. Therefore, finding out who the child’s father is in some situations is necessary. Paternity is legally establishing the identity of a child’s father, usually but not always through DNA testing, and it is often a critical factor in divorces regarding child support and custody, inheritance, or adoption. If you have questions about paternity, our [Warrenville family law attorneys](https://www.covertlegal.com/practice-areas/divorce-family-law/) at Covert Marrero Covert LLP can help you today. ## What Is Paternity? Paternity is legally establishing who the child’s natural father is. While the man who is named on the child’s birth certificate is usually presumed to be the father, this is not always the case. When there is a question about the father’s identity, the assistance of a family law attorney is helpful to prove who the natural father is. ## What Is The Illinois Definition Of A Natural Father? The purpose of proving paternity is to determine the child’s natural father, but what does that mean under Illinois law? [Illinois Statutes Chapter 750 46](https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59) states that a person is presumed to be the child’s biological father if: - The child’s mother and the father are or were married, even if the marriage was or may be declared invalid, and the child was conceived or born in this union. - After the child is born, the child’s mother and the father are married, even if the marriage may be declared invalid, and the father, with written consent, is named as the father on the child’s birth certificate. - The child’s mother and father signed an acknowledgment of paternity. - The child’s mother and father signed an acknowledgment of parentage. Or, if the natural father is a person other than the presumed father, there has been an acknowledgment of parentage and denial of paternity. ## Why Should An Unmarried Father Care About Paternity? Illinois has several vital legal consequences for being the child’s father, whether paternity is established voluntarily or involuntarily. The person who establishes paternity is held legally accountable for their portion of support and responsibility for the child. If the father will not provide financial support voluntarily, they can be forced to do so after a successful paternity lawsuit. Also, if the child was born outside of marriage and the mother wants to give the child up for adoption, the mother cannot if the father has proved his paternity and does not consent. Claiming paternity also allows the father to gain visitation or custody rights to the child. Furthermore, many unmarried fathers also want to establish paternity so their child can enjoy certain benefits. They are: - Receiving care, support, shelter, and financial aid - To receive an inheritance - To access the father’s personal information about potential health risks and to understand the profiles of the father’s family - To file suit for harm or death of the father that leads to a loss to the child - The child whose parentage is legally established also may qualify for workers’ compensation benefits in Illinois if the father dies in a job-related accident. ## Call Our Warrenville Family Law Attorneys For Questions About Paternity Proving paternity is critical if you are involved in a child custody or visitation dispute and want to see or even obtain custody of your child. Please [contact our Warrenville family law attorneys](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP at (630) 717-2783 for assistance with paternity. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Family Law Attorney **Tags:** fathers rights --- ### [How To Talk To Your Children About Divorce](https://www.covertlegal.com/how-to-talk-to-your-children-about-divorce/) **Published:** June 5, 2023 **Author:** Brian Covert **Content:** When you get divorced, telling the children is one of the most challenging parts. However, many people and their kids have gone through a divorce and dealt with the challenges, and you can, too. Keep reading to learn how to talk to your kids about divorce, and contact our [divorce attorneys in DuPage County](https://www.covertlegal.com/practice-areas/divorce-family-law) if you have legal questions. ## Plan What You Will Tell Them [Psychology Today](https://www.psychologytoday.com/us/blog/better-divorce/202002/how-tell-your-kids-you-re-getting-separation-or-divorce) stresses the importance of putting your kids first when talking about divorce. This means carefully planning what you say and not allowing hurt or anger to come through. Experts recommend telling them on a Friday or Saturday evening. However, you should not tell them the news on a holiday or before they go to bed or school. They will need some time when they are not rushed to process and accept the news. ## Tell The Kids Together You should tell the kids simultaneously so they do not hear the news from the other sibling you told first. If your children are of different ages, share the basic news, then tell them more information separately that is age appropriate. ## Do Not Blame Remember, the focus is on the well-being of your children, so do not blame your spouse for what is happening. If you attack the other party, your children will feel stuck in the middle. Instead, try to focus on the conversation on ‘we,’ meaning you and your spouse, such as ‘we are not happy together anymore,’ or ‘we both want to stop arguing, and it is best if we get away from each other.’ ## How Much Divorce Information Is Too Much? Another issue is how much you should tell your kids about what is happening. The kids’ ages and level of maturity are significant factors that determine the information you give them. Here are some helpful guidelines: ### Small Children Children younger than grade school usually do not fully understand the situation, its finality, or that each parent will still love the child if the home situation changes. Therefore, when you tell young children, you should use language that tells them you and your ex still love the children, and that will never change. ### Grade-School Kids Kids in grade school have a better understanding of divorce, but younger ones still might not understand it is not their fault. They also may think often about their parents getting back together, even when that is unlikely. So when you tell the kids you are splitting up, tell them how you feel about it clearly and calmly so they see an excellent way to process how they feel. ### Teenagers Teens may get upset about a divorce and feel resentful or frustrated. When you tell them, ensure they know you do not want them to hide their feelings about the situation. Also, communicate to them what is acceptable regarding how they express any negative feelings about the divorce. ## Call Our Divorce Attorneys In DuPage County Today If you are going through a divorce, it is difficult to have the best outcome without the assistance of an attorney. [Speak to our divorce attorneys in DuPage County](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP at (630) 717-2783 for legal assistance. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Divorce Attorney **Tags:** divorce --- ### [How Short-Term Rentals Have Impacted Real Estate Prices](https://www.covertlegal.com/how-short-term-rentals-have-impacted-real-estate-prices/) **Published:** May 5, 2023 **Author:** Brian Covert **Content:** In recent years, real estate websites, such as Airbnb and HomeAway, have affected the real estate market nationwide because the supply of short-term rentals has increased eight times since 2011. As a result, Airbnb and similar short-term rentals (STR) have become highly popular investments that look to continue for the foreseeable future. However, there has been considerable debate in many cities about the impact of short-term rentals on the availability and prices of real estate. Many say an ‘Airbnb effect’ hits many communities as hosts term their properties into STRs, which removes housing stock from the local markets. An article in the [Harvard Law & Policy Review](https://harvardlpr.com/wp-content/uploads/sites/20/2016/02/10.1_10_Lee.pdf) states that the short-term rental market affects the availability of affordable homes. The thinking goes that a short-term rental is effectively removed from the long-term rental market and is part of the area’s hotel room supply. This leads to higher rent and real estate prices, which may affect how much home people can afford to buy. If you are interested in purchasing real estate, our [Illinois real estate attorneys](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert LLP can help. ## Other Studies Show Short-Term Rentals Affect Rents And Real Estate Prices A 2016 study by the [University of Massachusetts](http://repec.umb.edu/RePEc/files/2016_03.pdf) determined that home sharing in Boston led to higher rents. This happened because they decreased the number of available homes and apartments to residents. In addition, a study in New York City by the [Comptroller’s Office](https://travelnoire.com/the-airbnb-effect-on-an-already-high-cost-shrinking-housing-market?item=2) found that the increased availability of short-term rentals cost city residents $600 million in higher rent in 2016 because of less long-term housing availability. Reduced housing stock availability also increases purchasers’ real estate prices. Another study in Wisconsin determined that [doubling rentals by Airbnb](https://www.wpr.org/how-airbnb-and-other-short-term-rentals-wisconsin-are-affecting-home-prices) in a neighborhood in the state increased real estate prices by at least 10%. According to the report, this tends to happen most in rural areas, while urban areas see fewer effects. ## Nashville Banned Some Short-Term Rentals In 2019 The effects of short-term rentals on home rents and prices in Nashville came to a head in 2019 when [Nashville Metro Council](https://www.tennessean.com/story/news/2019/08/21/nashville-airbnb-ban-short-term-vacation-rentals/2061739001/) set an end date for new STR permits in residential neighborhoods. The Council cited severe concerns about the effects on home prices, the availability of affordable homes, and life quality. In addition, many homeowners argued at the time that they did not buy a home in the area with the idea they would have a small hotel next to their residence. The ban on additional permits in the Nashville area began on Jan. 1, 2022. The Council also stated during legislative debates that the increase in STR in the Nashville metro area had lowered housing stock and increased prices. ## Contact Our Illinois Real Estate Attorneys Today Many believe that renters and home buyers across the US are paying higher rents and prices because of STRs. However, short-term rentals are often a profitable real estate strategy for investors and should be considered part of your portfolio. If you want to buy or sell short-term rentals in Illinois, you should work with an experienced real estate agent and attorney to ensure every transaction goes well. Our [Illinois real estate attorneys](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP can help, so call (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** short term rental --- ### [Attorney Sadia Covert's Article Featured in the DCBA Brief](https://www.covertlegal.com/attorney-sadia-coverts-article-featured-in-the-dcba-brief/) **Published:** April 12, 2023 **Author:** Brian Covert **Content:** Read Sadia Covert’s article on the [Retrieval of Removed Children From Foreign Countries](https://www.dcba.org/mpage/v35-Sadia-Covert) which was recently published on the DuPage County Bar Association website. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Uncategorized --- ### [What To Do If Your Property Is Going Into Foreclosure](https://www.covertlegal.com/what-to-do-if-your-property-is-going-into-foreclosure/) **Published:** April 10, 2023 **Author:** Brian Covert **Content:** If your home is going into foreclosure in Illinois, it is understandable if you are stressed and unsure about the future. However, be aware that if you are behind on your mortgage payments in Illinois, the loan servicer will eventually start the foreclosure process by filing a lawsuit in court. However, it can take 12 to 15 months in Illinois to complete a foreclosure, so you may have time to work things out. In this article, you will learn what to do if your property is going into foreclosure. If you need help, you can count on our [foreclosure attorneys in Illinois](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at Covert Marrero Covert LLP to help. ## Notice Of Breach The lender is required to send you a breach letter at least 30 days before the foreclosure is filed. It must contain the total due to cure the default. If you cannot pay the accelerated debt, the foreclosure process begins. ## When Can Foreclosure Start? US law requires the loan servicer to wait 120 days after the last payment to start [foreclosure proceedings](https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/mortgage-foreclosure). However, the process can start sooner if you have violated a due-on-sale clause or the loan servicer is part of a foreclosure action with another lienholder. ## How To Reinstate The Mortgage Before Foreclosure Sale Even if the foreclosure process has started, there are ways you can fix the situation. Reinstating means bringing the mortgage current when you pay the delinquent payments, including principal, interest, and late fees. Once you complete the reinstatement process, the foreclosure stops. Illinois law states you can reinstate the loan within 90 days after you get a summons regarding the foreclosure. However, many mortgage companies will let you reinstate the loan if you do so at least a few days before the foreclosure sale. It is usually in the loan servicer’s interest to avoid foreclosures if possible. ## Be Aware Of Deficiency Judgments After Foreclosure In Illinois If your home is sold in a foreclosure sale, it may not produce enough money to pay off the full loan. The difference between what the home is sold for and the total debt is known as a deficiency balance. Illinois law allows the mortgage lender to obtain a personal judgment – a deficiency judgment – for the amount owed. ## Foreclosure Sale And Eviction In the State of Illinois, before the foreclosed home is sold, a sale notice has to be put in the newspaper for three weeks. You also must be notified by mail at least 10 days before the foreclosure sale. ## Call Our Foreclosure Attorneys In Illinois Today Illinois foreclosure laws are complex, and lenders and servicers may make errors or skip steps. If you believe your lender or mortgage loan servicer did not follow the foreclosure process correctly, you could have a case that makes the company restart the foreclosure process. [Contact our foreclosure attorneys in Illinois](https://www.covertlegal.com/contact-us/) at Covert Marrero Covert LLP at (630) 717-2783 if you are facing foreclosure. We may be able to help to save your home and provide other legal options available to Illinois residents. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Attorney **Tags:** foreclosure --- ### [How To Know When To Seek A Home Loan Modification](https://www.covertlegal.com/how-to-know-when-to-seek-a-home-loan-modification/) **Published:** January 27, 2023 **Author:** Brian Covert **Content:** You may have heard about home loan modification if you have a mortgage and struggle to make on-time payments. Loan modifications offer long-term relief for homeowners who cannot afford their mortgages. If your lender approves the plan, you may avoid foreclosure, receive a lower interest rate, and receive other benefits to ease your financial burden. When should you consider a [loan modification](https://www.forbes.com/advisor/mortgages/mortgage-modification/)? Keep reading to learn more, and speak to our [Illinois home loan modification attorney](https://www.covertlegal.com/practice-areas/home-loan-modifications/) at Covert Marrero Covert LLP for more information. ## Home Loan Modification Overview A home loan modification involves changes to your mortgage so you can afford your payments more easily. Some changes in a loan modification include a lower interest rate or a different repayment schedule. However, most loan modifications do not lower your mortgage balance. Your lender may let you modify your loan because foreclosures cost them more than modifications. So, the lender wants to avoid taking back the house because it is expensive for them. But they want you to continue making payments, so the lender may be willing to modify your loan. ## When Should You Seek A Home Loan Modification? Do you need help making your loan payments regularly? To put it another way, have you struggled to make payments for several months in a row because of a loss of income or increased expenses? Or, perhaps, you experienced a disability or divorce that affected your income. A modification may make sense in situations involving long-term problems meeting your loan obligations. ## What About A Mortgage Refinance? When the lender modifies your mortgage, it involves changing the terms to prevent a default. If the refinance will not accomplish these goals, it is not a viable way to reduce your monthly payment. As a result, most homeowners refinance to save money or take out cash. ## What About Loan Forbearance? Loan forbearance is a temporary pause of mortgage payments to help you through a short-term financial difficulty. During the COVID-19 pandemic, some homeowners put their mortgage payments on hold, but the payments must be made up. ## Is A Loan Modification A Good Idea? This option may be a good choice if you face long-term financial difficulties such as divorce, loss of income, or disability. If your loan provider approves the plan, a loan modification may offer long-term financial relief so you can keep up with your payments. If you need help making payments, contact your lender to see if you qualify for a loan modification. If you think you will not have an increase in income soon, a loan modification may be the way to go. However, remember that some loan modifications may hurt your credit score unless the mortgage servicer reports it to credit bureaus as ‘paid as agreed.’ ## Contact An Illinois Home Loan Modification Attorney Today Consider a home loan modification if you have difficulty making mortgage payments over a long period. The Illinois loan modification attorneys at Covert Marrero Covert LLP may be able to assist with your situation. Please [contact our Illinois home loan modification attorneys](https://www.covertlegal.com/contact-us/) today at 630-717-2783. Our attorneys serve the communities of Naperville, Warrenville, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Home Loan Modification Attorney **Tags:** loan modification --- ### [Short Sale – A Necessary Defense to Stay Away from Foreclosure](https://www.covertlegal.com/short-sale-a-necessary-defense-to-stay-away-from-foreclosure/) **Published:** January 3, 2018 **Author:** Brian Covert **Content:** It may not be ideal to lose your home, but it is always better to lose your home while it still has some value and can help you get rid of the impending debt. A short sale is an important term in the real estate industry. It is a way of avoiding foreclosure, by selling the property earlier, and often at a lower value. This only works out if the lender agrees to it, as you must present financial circumstances that help the lender realize that it is the best solution. Here, we describe some benefits of a short sale that you can get by seeking the advice of an experienced [real estate attorney](https://www.covertlegal.com/practice-areas/short-sale-deed-in-lieu/). **Benefits of Short Sale** A short sale happens when the lender allows the owner to sell the home at a value smaller than the debt incurred on the property. It has the following [advantages over a foreclosure](https://home.howstuffworks.com/real-estate/selling-home/10-benefits-of-short-sale-over-foreclosure6.htm): **Protecting Credit Record** Although a money lender can initiate legal proceedings to recover the amount lost in a short sale, most banks will settle with the delinquent borrower. This is especially true in instances where the borrower has clearly shown financial hardships, such as a divorce or loss of income due to a failed business or lost job. **Best Result for Lender** A short sale is also a great option for a lender as well, as they receive compensation for failed debts. A foreclosure is costly and may not always bring the price that the borrower owed the lender. The process to foreclosure requires that the lender sends you several notices, prepares legal representation and then wait for you to respond in the court. It is advised that you obtain legal representation for assistance with this benefit, by showing the relevant financial details to your lender. **Controlled Process** The foreclosure process can be hectic for you as a homeowner. You receive mail and documents almost every day and it is easy to make mistakes. On the other hand, a short sale is a controlled process. You can [seek the help of a real estate attorney](https://www.covertlegal.com/your-basic-guide-to-purchasing-real-estate-in-illinois/) and ensure that you identify a smooth ground with your lender. A short sale also requires documentation, but the involved processes are much simpler and work like a typical house sale. **Be Relaxed** Not being able to pay back a loan produces depression and anxiety. Staying away from a lengthy legal process will help you channel your energies and try to change your current financial situation. A short sale allows you to swiftly reach an agreement with your lender and a chance to move on during a tough financial time. This means that you must seek the support of an experienced real estate lawyer to help you prepare a short sale. **Good for Agents** Real estate agents love to help homeowners who want to proceed with a short sale. Many realtors specialize in helping clients buy and sell [short sale](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) homes. This means that they will be willing to work with you to increase their branding in the area. The ideal legal help will ensure that you achieve success as a homeowner in trouble. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today and let our short sale attorney help with your case. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [Common Mistakes Homeowners Make During Foreclosure](https://www.covertlegal.com/common-mistakes-homeowners-make-during-foreclosure/) **Published:** November 14, 2016 **Author:** Brian Covert **Content:** For any homeowner, foreclosure can be a long and daunting process, accompanied by many other potential problems. When you continuously miss your mortgage payments, it leaves your lender with no choice but to foreclose your home. The good news is that there are several ways to protect your home. However, intimidation, anger, fear, and several other emotions lead people to making some mistakes that render foreclosure inevitable. Here are some common mistakes that you, as a homeowner, should avoid during foreclosure: **Avoiding the Lender** When facing a foreclosure, people make the mistake of avoiding calls and messages of their lender. It may be hard for you to rely on the person/entity that has put you in this situation in the first place, but your lender can help you ward off the foreclosure. You may think that they are after your home, but in reality, all they want is you to make the mortgage payments. If your home goes into foreclosure, they will incur a lot of costs in selling your property. It is highly recommended that you remain in contact with your lender, and let them know your reasons for missing the payments. They may provide you with several options to avoid the foreclosure such as a loan modification, forbearance agreement, or delayed repayment plan. **Damaging or not Taking Care of your Property** Learning about foreclosure can spark anger and aggravation, which may cause people to start doing damage to their home. While it is understandable that you may get frustrated, tearing down walls, breaking the windows, stripping fixtures or pipes, etc., can get you in even more trouble than you already are. Your lender can file a report of vandalism against you, due to which you may have to pay them more money after the foreclosure. Aside from this, many people also stop taking care of their home, which is a big mistake. When your property is in bad shape, it becomes difficult to attract buyers for a [short sale](https://www.covertlegal.com/3-considerations-you-should-make-before-buying-a-short-sale-in-illinois/) or for the lender to sell your house. Just like damaging your property, the lender can hold you liable for expenses they incurred in making repairs. **Not Looking into Government-Initiated Programs** The Federal Housing Administration (FHA) has setup the FHA Secure Refinancing program for homeowners so that they can avoid foreclosure. It is designed to cater to the needs of homeowners who cannot afford to pay back their mortgage because they have opted for interest-only loans or due to an adjustable-rate mortgage reset. You can find more information about this program at the [FHA’s official website](http://www.fha.com/fha_secure). **Not Hiring a Foreclosure Defense Attorney** Most people think that hiring an attorney is just an additional cost, and they may as well use that money for taking care of other important matters. A foreclosure defense attorney is your best option to delay the process, negotiate the terms of your mortgage with your lender, and stop the foreclosure altogether. They also ensure that you don’t make any mistakes that can end you up with more legal problems. If you want to find workable solutions that can save your home from going into foreclosure, it is imperative that you hire an experienced foreclosure defense attorney. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation to evaluate your legal options. We have several local office including in Schaumburg, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Shortcomings of a Short Sale for Sellers and Buyers](https://www.covertlegal.com/shortcomings-of-a-short-sale-for-sellers-and-buyers/) **Published:** March 14, 2017 **Author:** Brian Covert **Content:** It is not uncommon for a homeowner to be facing foreclosure when they have taken out a mortgage against their property. In such cases, a short sale is the perfect solution for the homeowner to avoid foreclosure. Although it may seem like a one stop solution to everyone facing the problem, there are certain risks associated with a [short sale](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) for both the buyer and the seller. **What is a short sale?** For those who are not yet familiar with the concept of a short sale, let’s start by defining it. A short sale is the selling of a home by the owner for an amount that is exceeded by the total debt balance on the mortgage. This is a way in which a homeowner can avoid [foreclosure](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/). **Risks for sellers** *Deficiency Judgment* This is one of the biggest risks that sellers take when making a short sale on their home. A deficiency is the difference in the total debt on the property and the selling price of the home. To understand it better, let’s take the example of a homeowner that gets the approval to sell their property for $300,000 but the amount owed is $350,000. This creates a deficiency of $50,000. In most states, the lender reserves the right to seek personal judgment against the seller for the recovery of the deficiency. To evade a deficiency judgment, the short sale agreement must specifically state that the current transaction fully satisfying the debt and the lender approves to waive their rights to the deficiency. *The Application and Approval Process* The process is extremely frustrating for the seller because the short sale must be approved by the lender and their loss mitigation department. Most short sales fail to materialize because the lender takes their sweet time to analyze the deal before they come to a decision. The decision can be both in approval or a rejection. The deal can be rejected by the lender if the selling price is lower than the fair market value or is lower than the listing price. Fortunately for borrowers, the Federal National Mortgage Association (FNMA) and the Federal Home Loan Mortgage Corporation (FHLMC) have made the processes much more streamlined so that the approval can be quick and easy. **Risk for Buyers** *Prices are not what they seem* Buyers get attracted towards short sale offers when they look at the price, but the initial price was set most likely by the real estate agent, which is why it was low. When it comes to the actual price after the price has been approved by the lender, the lender has to minimize their loss, which is why they will make the price go up and the buyer will find themselves wasting a lot of time being interested in a property they cannot afford. *Not in good condition* Most short sale homes are sold in a hurry and the buyer receives them in the condition that they are, which means any long term repairs will all come under the buyer’s responsibility. In case you are considering [buying or selling through short sale](https://www.covertlegal.com/what-are-the-benefits-of-buying-a-short-sale-in-illinois/), consider talking to a lawyer who specializes in these cases. Contact Covert & Covert, LLP at (630) 717-2783 or online, to schedule a free consultation today. We have offices in Schaumburg, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [Why You Should Opt for Short Sales in Illinois Rather Than Foreclosure](https://www.covertlegal.com/why-you-should-opt-for-short-sales-in-illinois-rather-than-foreclosure/) **Published:** April 1, 2020 **Author:** Brian Covert **Content:** Are you unable to pay for your home and fearing foreclosure? If you live in Illinois, you can avoid foreclosure by instead opting for a short sale. This sale sees a property sold for a lower price than the amount currently owed on the mortgage. Your lender may agree to it if you are unable to come up with enough money to pay back the complete amount or if you must move ASAP – for any reason. This is preferable over a [foreclosure](https://www.nolo.com/legal-encyclopedia/foreclosure-dos-and-donts.html) because if your property is sold for less than the amount owed on the mortgage loan, you may be slapped with a deficiency judgment. **What Is a Deficiency Judgment?** A deficiency is the difference between the sale price of the property and the total debt owed. If the lender or the bank gets a [deficiency judgment](https://www.covertlegal.com/how-does-a-deficiency-judgment-in-illinois-work/) against you to recover the deficiency, they can employ various collection methods to do so. This can be [anything](https://www.nolo.com/legal-encyclopedia/how-creditors-enforce-judgments.html) from taking an amount from your wages or by levying your bank account. Since Illinois is a [judicial foreclosure](https://www.alllaw.com/articles/nolo/foreclosure/judicial-foreclosure.html) state, the court handles all foreclosure cases and deficiency judgments. You can file bankruptcy to get out of it, but if you opt for Chapter 13, you may have to pay part of the debt. **Why You Should Opt For A Short Sale?** The main reason why you should opt for a short sale is to discharge the debt you’ve accumulated on your mortgage. If you have already done so by filing for bankruptcy, you can still use the sale to ensure your name is removed from the property title. Plus, you may also get some money after the closing. In contrast, a foreclosure will take a lot longer than a short sale (approximately more than 800 days). During this time, you will still have to ensure the property is maintained and assume liability in case of damages. Additionally, the event can irreparably harm your credit score. A short sale takes a mere four(4) to six(6) months to complete at most and once the property is sold, you will not be responsible for it at all. At that point, it will officially belong to the new buyer and not you. Plus, you can still live in the property for a while before the sale so you will have time to arrange other accommodations for you and your family. Whether you are at risk of foreclosure or want to know all of your short sale options in Illinois, get in touch with [Covert Marrero Covert LLP](https://www.covertlegal.com/) today. We have been representing clients in Schaumburg, Warrenville and Naperville, Illinois for years and will ensure your interests are protected at every turn. In fact, we can also arrange off-hour appointments for you if you cannot make it to our offices during regular business hours. We understand the stress and frustration you must be going through at this trying time. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer, Short Sale Attorney --- ### [Illinois Real Estate Market Forecast For 2023](https://www.covertlegal.com/illinois-real-estate-market-forecast/) **Published:** December 26, 2022 **Author:** Brian Covert **Content:** Home sales declined and prices increased in the Illinois housing market in 2022 as mortgage rates rose. For example, 16,194 homes were sold in Illinois in May 2022, a 10% decrease from the previous year. Also, in May 2022, there were 11,641 homes sold in the nine-county Chicago region, which is a 10.6% drop from 2022. What does the market hold for 2023? Keep reading to learn about the Illinois real estate market forecast for next year. Then, speak to an [Illinois real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) at Covert Marrero Covert, LLP if you have a real estate question. ## Housing Market Forecast For Illinois In 2023 Zillow reports that the median value of Illinois homes is approximately $267,000. The value of homes in Illinois has risen by almost 12% in the last year and 27% over the last 24 months. Home prices in the Chicago area will drop by approximately .9% in 2023. Here are some additional housing predictions for the [Illinois housing market next year](https://www.noradarealestate.com/blog/illinois-housing-market/): - Malcomb, Illinois: 3.3% drop in home values by August 2023 - Galesburg, Illinois: 2.8% drop in home values - Jacksonville, Illinois: 28% drop in home values - Taylorville, Illinois: 2.8% drop in home values - Charleston, Illinois: 2.7% drop in home values - Sterling, Illinois: 2.6% drop in home values - Danville: 2% drop in home values - Pontiac, Illinois: 2.6% drop in home values - Peoria, Illinois: 2.3% drop in home values ## Illinois Listed As a Best State To Live In While home prices will generally decline in Illinois in 2023, this reflects the trend occurring throughout the country during a time of high-interest rates. WalletHub recently found that Illinois continues to be one of the best states in which to live. The 2021 survey found that Illinois is the #18 state to live in. It was rated as #3 in quality of life, #8 in safety, and #20 for education and health. Also, statistics show that population and household growth lead to a boom in housing demand. A survey by the US Census found recently that the population of Illinois may be undercounted by up to 2%. So, population growth in Illinois could be higher than the statistics show. While house prices are dropping in Illinois for 2022 and 2023, this is mostly because of rising mortgage and inflation rates. In the future, prices of homes in Illinois should rise again as inflation and mortgage rates drop. It could be a good time to buy a home in Illinois because of the reduced price growth in 2023. If you have a real estate transaction to consider next year, be sure to have it reviewed by a qualified real estate attorney. ## Contact An Illinois Real Estate Lawyer Today Whether you have a short sale, foreclosure, or other real estate action, the Illinois real estate lawyers at Covert Marrero Covert, LLP can help you. Please [contact us today](https://www.covertlegal.com/contact-us/) at (630) 717-2783. Our attorneys also serve the communities of Warrenville, Naperville, Joliet, and Schaumburg. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer **Tags:** Real Estate --- ### [What Crimes Are Increasing In Illinois?](https://www.covertlegal.com/what-crimes-are-increasing-in-illinois/) **Published:** October 3, 2022 **Author:** Brian Covert **Content:** Safety concerns are rising among Illinois residents (up by 36% in 2022) because of the escalation in violent crime rates. According to the [2022 report on Illinois crime rates](https://www.safewise.com/blog/safest-cities-illinois/), the state saw 4.3 violent crime incidents per 1000, compared to the nation’s average of 4.0. It also ranks among the top ten states for package theft and property crime. ## 4 Crimes Illinois Residents Are Most Concerned About Only 42% of people in the state feel safe, and 64% have significant concerns about their daily safety. Listed below are the top four crimes residents are afraid might happen to them. ### • Violent Crime Violent crimes are those committed against persons involving threats or the use of force or a weapon. Primary examples include robbery, homicide, assault and battery, and sexual assault. 56% of respondents in Illinois worry about violent crimes happening to them compared to the national average of 41% in 2022. It’s the second year in a row that the state has seen an increase in violent crime rates. ### • Package Theft In Illinois, stealing items in someone’s possession worth $500 to $10,000 is a Class 3 Felony. 54% think package theft is one of their greatest worries and are afraid to carry valuable possessions outdoors (9% greater than the country average). ### • Property Crime 54% of individuals worry about becoming the victims of property crime in Illinois compared to the national average of 42%, even though the property crime rate in Illinois has dropped steadily since 2019 and remained consistently below the country average. A property crime rate of 15.6 incidents per 1,000 people has been recorded in the state in 2022 (down from 18.6). Nevertheless, people have a higher-than-average concern about this crime. 37% of respondents believed the COVID-19 pandemic affected their property’s security. As a safety measure, 32% of Illinois residents have installed security cameras, and 27% have invested in security systems. ### • Gun Violence Illinois has seen a significant increase in the number of people who experienced gun violence firsthand. Considering that the crime rate jumped from 8% to 13%, it’s no surprise that 83% of individuals believe gun violence is the biggest threat to their daily safety. Meanwhile, the country average stands at 53%. The country’s highest mass shooting incidents were reported in Illinois in 2021, which injured 384 people and killed 59. The numbers rose from 68 in 2020 to 85 the following year, while the national mass shooting rate was up by 13% only. ## Warrenville Felony Defense Lawyers at Covert Marrero Covert LLP Are At Your Service If you’re accused of any of the crimes above in Warrenville, IL, please know that [Covert Marrero Covert LLP](https://www.covertlegal.com/) is here to help in all possible ways. Our Warrenville felony defense lawyers have years of experience representing defendants of property crime, gun violence, package theft, and violent crimes. They’ll investigate the case, collect evidence, and be your guide, protector, and confidant. Rest assured that they’ll negotiate the best deal with the prosecutor to ensure your rights are protected throughout the process. Schedule a quick consultation today – call us at (630) 717-2783 ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Felony Defense Lawyer --- ### [Do DUI Arrests Increase in Illinois During the Summer?](https://www.covertlegal.com/do-dui-arrests-increase-in-illinois-during-the-summer/) **Published:** August 1, 2022 **Author:** Brian Covert **Content:** [Summer accounts for 28% of driving fatalities](https://www.moneygeek.com/insurance/auto/resources/most-dangerous-dui-days/) in Illinois and the US, making it the deadliest season. The Fourth of July, Labor Day, Memorial Day, and other summer holidays are considered the deadliest for DUI-related car accidents. If you are charged, you can face hefty fines and jail time. The charge can also compromise your job prospects, harming your home life. Defense Illinois DUI lawyers can help you avoid such situations or reduce the charges. ## How to Avoid A DUI During Summer? Whether you are partying with friends or celebrating a national holiday, if alcohol is flowing freely, your chances of getting a DUI will increase exponentially. You can avoid punishing charges by following the following tips: ### Have a Designated Driver Before heading out to the festivities, ensure you have a designated driver. This individual should stay sober for the whole day so they can take you back home safely. Make sure this is a person you can trust not to drink. ### Call an Uber or use Public Transportation If you cannot get a designated driver, use rideshare options such as Lyft or Uber. You can also consider public transportation such as trains or buses. If you are caught drunk behind the wheel, and your blood alcohol content (BAC) is 0.08 or higher, you will be charged with a DUI. Better yet, hand your keys to someone else and tell them not to return them to you unless you are sober. ### Obey Traffic Rules If you have no choice but to drive home yourself and those drinks start to kick in, pull off the road safely and as quickly as possible. If you are not inebriated and have had a couple of drinks, obey traffic rules, so you are not pulled over. This includes ensuring you remain within the speed limit and don’t look at your phone even if it starts ringing. Your hands should also be on the steering wheel at all times. You will be charged with a DUI if you are pulled over, and the officer smells alcohol on your breath. ### Eat Something Before You Get Behind the Wheel If you are drunk, ensure you eat something before you get behind the wheel. The food will slow down the effects of the alcohol on your senses. If your stomach is empty when you drink, [your body will absorb the alcohol you consumed much faster](https://www.healthline.com/health/drinking-on-an-empty-stomach#drinking-and-the-body). So make sure you eat some pretzels before getting in your vehicle or spread out your drinks, so your BAC doesn’t reach 0.08. ## Contact Illinois DUI Lawyers If You Face Charges DUI arrests can lead to severe punishments, from license revocation to extensive fines and jail time. The charge cannot be removed from your permanent record, which will impact your future. If you are charged with a DUI in Illinois, contact our Warrenville DUI defense attorney specializing in such cases. They can help you understand your options and find an appropriate way to fight back and preserve your future interests. At [Covert Marrero Covert LLP](https://www.covertlegal.com/), we understand that most people who get arrested for drunk driving are unaware of how to proceed with a DUI defense. We have defended people charged with this offense for years and can help you understand your options. The last thing you need on your permanent record is a criminal charge that will follow you for the rest of your life. Contact us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Lawyer **Tags:** DUI --- ### [How Have Rising Real Estate Prices Affected Short Sales in Illinois?](https://www.covertlegal.com/how-have-rising-real-estate-prices-affected-short-sales-in-illinois/) **Published:** July 7, 2022 **Author:** Brian Covert **Content:** Real estate market prices will [continue to increase](https://www.noradarealestate.com/blog/chicago-real-estate-market/) throughout the year, and sales are forecasted to decrease. In February, for instance, the median price in Illinois rose, but homes in the state still sold rapidly despite a sparse inventory. At this time, the increase in real estate prices slowed, but the industry remained competitive. A short sale during this time may yield the same results that it would in a stable economy, but expect a faster sale. Experienced Illinois short sale attorneys can help you set up a short sale quickly and efficiently. ## What is a Short Sale? A [short sale](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1) is a transaction in which a homeowner or borrower agrees to accept less than the mortgage amount they owe to a lender. Some lenders can forgive the difference, but if yours doesn’t, ensuring you get a reasonable price for your short-sale property is essential. It is still preferable to foreclosure, especially if you are behind on your mortgage payments – you may be able to qualify for another mortgage once you can apply for one again. With the real estate market remaining competitive and rising property prices, a short sale can be a blessing in disguise for you. If you could not make regular payments because you lost your source of income during the pandemic, a short sale can yield better results when real estate inventory is low and property prices are high. Your price for a short-sale property lies comfortably in the middle. It is neither too expensive for buyers nor too cheap for sellers (you). ### Inflation and Short Sales The housing market was already experiencing short supplies and high demands before the pandemic, and its arrival aggravated it further. Many renters found searching for affordable housing rugged, while homeowners looked for opportunities to sell high and increase space. As the demand increased, homeowners preferred to remain in their homes rather than sell them, which limited the number of sellable properties. Prices are expected to increase throughout the year, and the number of sales may decrease. In February 2022, homes sold rapidly due to low inventory and high demand. During this time, the median price rose by 6.4% compared to last year. For home sellers, especially those that place their property on a short sale, inflation is a good development. The value of your home rises as the property of goods rises. With demand high and supply low, investors and renters look towards short sales to get properties below market price even if it is higher than standard short sale rates. With experienced Illinois short-sale attorneys in your corner, you may be able to get a better price. In this market, investors who invest in property as a leveraged asset have little choice but to pay the same fixed rate even if property values rise. ### Contact Covert Marrero Covert LLP for A Consultation Today! Whether it is on a short sale or not, selling a home is one of the most significant decisions you can make as a homeowner. It would be best to have experienced Illinois short sale attorneys in your corner with extensive knowledge about the current market rates, such as those at [Covert Marrero Covert, LLP](https://www.covertlegal.com/). Our attorneys have years of experience guiding clients through complex real estate processes that may otherwise lead to costly mistakes. Contact us for a consultation today! ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys **Tags:** short sale --- ### [How Does a Deficiency Judgment In Illinois Work?](https://www.covertlegal.com/how-does-a-deficiency-judgment-in-illinois-work/) **Published:** June 16, 2022 **Author:** Brian Covert **Content:** The Illinois foreclosure process can be complex and have long-lasting financial repercussions. In the state, lenders can also get a [deficiency judgment](https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000) against defaulting borrowers to acquire an outstanding balance of a loan post-foreclosure. At this point, borrowers should consider hiring an experienced and determined Warrenville foreclosure defense attorney. ## What Is A Deficiency Judgment? A lender can ask the court to pass a deficiency judgment if they want to pursue an outstanding balance on a loan after a property is foreclosed. The debt and other charges are supposed to be paid from the proceeds. If the amount you get from the proceeds cannot cover the debt, you will still need to pay the remaining balance as per the deficiency judgment. ### Types of Deficiency Judgments There are two types of deficiency judgments you can face: ***In Personam*** An [*in personam* deficiency judgment]() is issued against borrowers. In this case, they are personally liable for the deficiency, which lenders can collect through their wages, via their bank account, or by securing non-exempt assets. ***In Rem*** An in rem deficiency judgment is passed on the property itself i.e. the borrower redeems the property by paying the outstanding balance to the bank with additional fees and interest. In this case, the lender can [place a lien]() on the property for any remaining balance on the debt post redemption. Let’s place both deficiency judgments in perspective with an example. Say you owe over $500,000, and your property sells for $300,000. In this case, $200,000 is the deficient amount. If the lender files a lawsuit against you and gets an in rem or an in personam deficiency judgment, you are legally obligated to pay them back as per both judgments. If you fail to do so by closing your bank account or refusing to pay, the lender may sell the judgment to a collection agency. The best course of action if you receive an in personam deficiency judgment is to file for bankruptcy. For example, you can eliminate the judgment by filing for Chapter 7 bankruptcy. If you file for Chapter 13, on the other hand, you may have to repay a part of the debt via a long-term payment plan. In either case, you need an experienced Warrenville foreclosure defense attorney in your corner. ### Get In Touch With Covert Marrero Covert For A Consultation Today! If you have received a foreclosure notice, we understand how stressed you must be. Receiving one can be one of the most traumatizing events you can face, especially if you have a family to support. The process can be pretty complex, and if you also receive a deficiency judgment, you face an uphill battle without an attorney. From ensuring your paperwork is filed correctly to formulating practical strategies tailored to your needs, the lawyers at [Covert Marrero Covert LLP](https://www.covertlegal.com/) can prove invaluable. We understand that you have to act quickly after receiving the notices and can work out a payment schedule with the lender on your behalf. Get in touch with us for more options from an experienced Warrenville foreclosure defense attorney today! We only have your best interests at heart. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Workers' Comp Lawyer **Tags:** loan, mortgage --- ### [What Will Rising Interest Rates do to the Real Estate Market?](https://www.covertlegal.com/what-will-rising-interest-rates-do-to-the-real-estate-market/) **Published:** April 22, 2022 **Author:** Brian Covert **Content:** Rising real estate interest rates impact sellers and buyers in the market. Hypothetically, house prices and property value are directly proportional to mortgage rates. However, the phenomenon is far from clear-cut. An Illinois real estate attorney will tell you that the economy’s health ultimately determines what rises and what falls. **The Link between Economy Health and Interest Rates** Rising mortgage rates will not affect house prices and property value much if the economy improves fast. So if, say, mortgage rates increase by a single point and increase monthly payments, a strong economy will allow employers to increase salaries to compensate for the increase in interest rate. A robust economy acts as a foundation for job and salary growth. In this case, rising interest rates should not harm the real estate market. However, it seems [home buyers and investors can expect increased interest rates this year](https://www.forbes.com/advisor/mortgages/mortgage-interest-rates-forecast/). Here are some of the things they can expect if or when that happens: **A Reduction in Buyer Demand** Buyers may pull back slightly if interest rates increase to the point that homes become less affordable. If that happens, you can expect fewer bidding wars for properties on the market. As such, interested buyers may not have to resort to risky strategies that they were forced to use last year when [interest rates were at the lowest they had been since 1971](https://www.fool.com/real-estate/2022/01/12/what-rising-interest-rates-mean-for-2022-housing/). A whopping 72% of buyers found themselves in a brutal bidding war. **Refinancing May Slow Down** Last year, rates were low enough that buyers had no qualms getting loans for refinancing that ultimately [amounted to $1.6 trillion](https://www.newsweek.com/buyers-took-out-16t-home-loans-2021-borrowing-expected-even-higher-2022-1666517). Lenders were swamped with refinancing jobs, and real estate owners across the country were able to reduce their monthly payments and long-term interest costs significantly. However, if interest rates increase this year, refinancing will also slow down, even if the former increases by a small margin. The refinancing process comes with additional costs and stress. Even a slight increase in interest rates may discourage investors and homeowners from going through the hassle of refinancing. It will also hurt their savings. **Price Growth Will Slow Down** The pandemic had one huge benefit for real estate investors and buyers who wanted new space and a fresh new perspective to overcome their stress. It led to rock bottom interest rates and thus highly affordable home prices. Those trends have long passed, so property prices are expected to grow in 2022. Experts believe those may remain 2 to 6 percent most of the year and manageable. **Contact Covert Marrero Covert for Real Estate Advice** Whether you are a first-time home buyer or an experienced real estate investor, hire a dedicated Illinois real estate attorney from [Covert Marrero Covert](https://www.covertlegal.com/) to enhance your portfolio. Besides handling everything involved in property sales, we can also handle short sales, negotiate with the mortgage company on your behalf and ensure you walk away with complete peace of mind. Get in touch with us for a consultation today before interest rates skyrocket! Don’t wait for those rates to rise before making important investment decisions. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer **Tags:** interest rates, Real Estate --- ### [Chapter 7 Bankruptcy vs. Chapter 13](https://www.covertlegal.com/chapter-7-bankruptcy-vs-chapter-13/) **Published:** February 21, 2022 **Author:** Brian Covert **Content:** Declaring bankruptcy can be one of the hardest decisions you can make. Besides the emotional blow, it can have a long-term and negative impact on your credit and future finances. If you choose to declare bankruptcy, make sure you have experienced Illinois bankruptcy attorneys that can help you through the complex legal process. ## Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy The first thing they will do is ask you to choose between Chapter 7 and Chapter 13 bankruptcy. ### What is Chapter 7 Bankruptcy? If you file for Chapter 7 bankruptcy, creditors cannot contact you, and you can get your discharge within three to four months of filing. While you may have to sell off some property to pay unsecured creditors, you will not have to give up all your personal belongings. There is no limit to the debt you should have to be eligible for this type of filing, but only people who have unsecured debts, no regular income that can cover living expenses, no non-dischargeable debts (such as alimony and spousal support), and who cannot commit to a repayment plan anytime soon can[ file for Chapter 7 bankruptcy](https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics). You can go for alternatives but do so only if you have a bankruptcy attorney in your corner. ### What is Chapter 13 Bankruptcy? If you have disposable income and not a lot of debt, Illinois bankruptcy attorneys recommend that you file for Chapter 13 bankruptcy. It involves a repayment plan involving amounts you can afford to pay. Even if your creditors object to the terms, they cannot do anything once the bankruptcy court approves your filing. Unlike Chapter 7 bankruptcy, you can get the interest rate reduced and even the balance you owe on a car loan if you file for Chapter 13. You do not have to give up [non-exempt properties](https://www.nolo.com/legal-encyclopedia/exemptions-chapter-13-bankruptcy.html) since creditors are compensated in a Chapter 13 bankruptcy. Once you repay debts in a three to five-year repayment plan, any unpaid debt is eliminated under this bankruptcy filing. ### Which One Is Better? Most people opt for Chapter 7 bankruptcy since it is more cost-efficient and cheaper than Chapter 13. They do that after taking a ‘means test’, which evaluates the size of their family, expenses, and income. However, while Chapter 7 bankruptcy eliminates eligible debts such as loans and credit card expenses, you still have to pay your taxes and student loans. Plus, it does not protect assets from foreclosure or repossession. ## Contact Covert Marrero Covert for Bankruptcy Filing Whether you want to file for Chapter 7 or 13 bankruptcy, you need attorneys in your corner who can handle both. Book a consultation with bankruptcy attorneys at [Covert Marrero Covert](https://www.covertlegal.com/) for a consultation today. We have worked with several clients in this regard and can aid you in all of your legal issues. Contact us at our offices in Schaumburg, Naperville, Warrenville, and Illinois. We can also arrange an appointment at a convenient place for you if you want. All of our attorneys are compassionate by nature and will ensure you get the best solutions to your financial issues. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Attorneys **Tags:** bankruptcy --- ### [Are Foreclosures in Illinois on the Rise?](https://www.covertlegal.com/are-foreclosures-in-illinois-on-the-rise/) **Published:** January 18, 2022 **Author:** Brian Covert **Content:** The Covid-19 pandemic has wreaked havoc on the real estate market. As people lost their jobs and companies shut down in the hundreds, many found their properties go into [foreclosure](https://www.usa.gov/foreclosure) as they failed to make timely payments. **The State Of Foreclosures in Illinois** According to a [Foreclosure Market Report](https://chicagoagentmagazine.com/2021/09/09/illinois-foreclosure-rates-august-2021/) from ATTOM, foreclosures in Illinois were at an all-time high in 2021. It had the highest foreclosure rate in the country. According to the report, one in every 3,848 housing units had a foreclosure filing per month. Besides Illinois, other states that experienced foreclosures on a large scale included Delaware, Nevada, and New Jersey. ATTOM discovered these national figures from foreclosure filings entered into its database. The data itself covered 3,000 countries across the nation and over 99 percent of its population. The company evaluated more than 200 metro areas and found that Rockford had the fourth, and Chicago had the third most foreclosures in the state. The foreclosure process started in August when lenders couldn’t wait anymore. They foreclosed more than 8,000 properties across the country during that time. This was a 27 percent increase from the month before and an almost 50 percent increase from 2020. **A Light at the End of the Tunnel** Even though foreclosures were high in September, ATTOM Executive Vice President Rick Sharga believes they are far from historically normal figures. For example, foreclosure rates were almost 70 percent lower than pre-pandemic numbers, and the total number of foreclosure activities was just 10 percent less than that. However, even though numbers seem to be normalizing, many borrowers are leaving forbearance programs. Only time will tell whether Illinois foreclosures will follow the same trajectory or slow down and return to normal levels. **The Five Phases of an Illinois Foreclosure** The foreclosure process can differ by state, but the common phases it follows are the same nationwide: 1. A borrower defaults on a loan. 2. The borrower receives a notice of default from the lender. 3. The county office records a notice of trustee’s sale. 4. The property is sold at a public auction. The lender becomes the property owner if it doesn’t sell. **Contact the Lawyers at Covert Marrero Covert LLP for Foreclosure Issues** If you received a notice for foreclosure on your property, know that it is not the end of the world. You may think you need to face the issue alone, but you don’t have to if you have sound legal representation. Get in touch with the dedicated [Illinois foreclosure defense lawyers](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at [Covert Marrero Covert LLP](https://www.covertlegal.com/) for legal representation. We can help you find the solutions you need. The faster you act after receiving the notice, the better. We can help you develop a payment schedule, modify your mortgage agreement or even file for bankruptcy to stop the foreclosure. Just book a consultation with us at our Warrenville, Naperville, or Schaumburg offices. Our attorneys are dedicated to aiding people who think they are cornered and have no way out of their dilemma. We have years of experience helping people like you who were in worse circumstances. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyers **Tags:** foreclosure --- ### [Are We In Another Real Estate Bubble In The US?](https://www.covertlegal.com/are-we-in-another-real-estate-bubble/) **Published:** November 29, 2021 **Author:** Brian Covert **Content:** Owning a home is one of the most sought-after dreams that anyone can have. While the world is still reeling with a pandemic that seems to grow stronger by the year and the resulting economic recession, they take heart from the favorable real estate market that allows them to buy homes at [record low mortgage rates](). While it may seem that a rapid increase in demand may lead to a real estate bubble, the opposite seems to be the case. A Warrenville real estate attorney from Covert Marrero Covert can guide you to the best decision. **Why the US Housing Market Can Avoid Another Real Estate Bubble** As more and more people opt to work from home in 2021, the value of residential properties across the US is increasing. As the world grows hopeful for a return to normalcy during successful vaccination campaigns, economic growth has been positive across the board. There has been a positive increase in high investments in the stock market along with higher consumer expenditures. Both of these factors have impacted the US housing market amidst a housing boom that outperformed expectations. As of March of this year, the median home prices in the country increased by [more than 11%](https://www.forbes.com/sites/palashghosh/2021/05/04/home-prices-continue-to-soar-but-experts-dont-expect-another-housing-bubble-heres-why/?sh=8b1f4bd132d2). The steady growth of the housing market has led many to wonder if we are in the middle of a new real estate bubble. As per [market updates](https://www.illinoisrealtors.org/blog/hot-market-tightening-inventory-meant-faster-sales-higher-prices-in-may/), as consumer demands coincide with the real estate season, a reduced number of homes have increased prices. The news is heartening. While median home prices in the US are [expected to be higher](https://www.illinoisrealtors.org/wp-content/uploads/2020/12/Annual_forecast_2021.pdf) than those in 2020, the median mortgage rate is forecasted to remain around 3% at most. This alone should be enough incentive for homebuyers to lock in properties before the rates go up any further. The expectation of a housing market crash is understandable, but so far, the data has proven that there is nothing to worry about at present. Like other economic sectors, the real estate market is susceptible to several factors. The patchy impact of the Covid-19 pandemic on the employment sector and the country’s overall income level will likely affect the 2021 housing market. As such, there has been a slow but steady decline in home sales in 2021 on a monthly and yearly basis. This proves that the housing market is cooling down slowly after the buying frenzy of 2020 and 2021. The good news is that the decline is slow enough to prevent a large housing bubble from making a difference. **Contact an Experienced Warrenville Real Estate Attorney for Lucrative Investments** If you are interested in buying a home or investing in real estate, you need to have a dedicated Warrenville real estate attorney in your corner. This is where the real estate lawyers at [Covert Marrero Covert](https://www.covertlegal.com/) can help. We are experienced in guiding clients such as yourself through complex real estate transactions that can result in great investments. Our professional attorneys are skillful in helping our clients with a range of real estate transactions to improve their portfolios. Get in touch with us for a consultation today and see how we can help you. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** Real Estate, real estate market --- ### [How Harsh Are DWI Penalties in Illinois?](https://www.covertlegal.com/how-harsh-are-dwi-penalties-in-illinois/) **Published:** October 20, 2021 **Author:** Brian Covert **Content:** Illinois courts are pretty harsh when it comes to drunk driving offenses. As such, DWI penalties in Illinois carry both [administrative and criminal consequences](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501) that can make your life extremely difficult. The penalties in the state differ per case. The actual amount offenders need to pay will depend on their blood alcohol concentration (BAC), their age, whether they had a child in their vehicle when they were stopped, whether they were driving on the wrong side of the road and whether they had a previous conviction. Any of these factors can increase penalty severity. **DWI Penalties in Illinois** DWI penalties in Illinois are divided into three categories as per severity: **First Offense** A first offense is a Class A misdemeanor. It can result in a year in prison, a fine of up to $2500, and it can also lead to a one or two-year license suspension. If you are under 21 years old, you face license suspension for two years. **Second Offense** In Illinois, a second DWI offense is also considered a Class A misdemeanor that carries a mandatory prison sentence of five days or 240 hours of community service. Additionally, offenders can get their driver’s license revoked for five years if they have a previous charge. **Third Offense** A third offense is considered a Class 2 felony. If charged, offenders can face three to seven years in prison and a fine amounting to $25,000. Their license can also be revoked for ten years following the offense. To get it back, you need to apply for and acquire a [Restricted Driving Permit (RDP)](https://www.ilga.gov/commission/jcar/admincode/092/092010010D04200R.html) and maintain it for at least five years. Additionally, you can only drive to essential locations such as a medical center, school, workplace, etc. To get an RDP, you also need to install an ignition interlock device, aka a Breathalyzer, in your car for $30 a month. You have to pay the fee out of pocket. If convicted for a third time, offenders cannot apply for a reinstated license, and if they are charged with a DWI offense again, they can face a prison sentence of up to 15 years. In case you are charged with aggravated DWI, the jail time can increase, and you can also face other consequences that can make your life extremely difficult. Any DWI offense in Illinois can make your life a living hell, so you should avoid them as much as possible. However, if you are charged with a third DWI in Illinois, don’t lose hope. At [Covert Marrero Covert](https://www.covertlegal.com/), we have experienced DWI & [DUI attorneys in Warrenville](https://www.covertlegal.com/practice-areas/dui-defense/) who can get your penalty reduced and help you secure a driving permit. We provide aggressive representation for all of our clients so you can rest easy knowing that your case is in capable hands. **Retain An Experienced Illinois DWI Lawyer** Schedule a free consultation today at our offices in Warrenville, Naperville, and Schaumburg, IL. We will be happy to sit down with you and discuss how we can help you. Our DUI attorneys have extensive experience defending clients against both misdemeanor and felony charges. As such, they can help you understand the facts surrounding your case and develop an appropriate strategy. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI attorneys **Tags:** DWI penalties --- ### [How To Protect Yourself From A Real Estate Market Crash](https://www.covertlegal.com/how-to-protect-yourself-from-a-real-estate-market-crash/) **Published:** July 6, 2021 **Author:** Brian Covert **Content:** The stock market is not the only thing that can suffer from a bubble home prices can be affected by a real estate crash. During the notorious [housing bubble of 2008](https://www.thebalance.com/what-caused-the-subprime-mortgage-crisis-3305696#:~:text=Hedge%20funds%2C%20banks%2C%20and%20insurance,caused%20the%20subprime%20mortgage%20crisis.&text=Demand%20for%20mortgages%20led%20to,prices%20plummeted%2C%20and%20borrowers%), home prices plummeted to an all-time low and a large number of borrowers had to default on payments and foreclosures were at an all-time high. It lead to the greatest credit crisis and recession since the Great Depression. While the crisis was the result of a series of factors, an Illinois real estate attorney will recommend that you protect yourself from the next crash by following these tips: **Determine When You Can Buy Or Rent A House** Houses are usually bought for long-term ownership. Most people stay in their homes for at least 10 years after they buy them, but the option to rent is available to them as well. So if you think that another real estate crash is imminent, rent especially if you don’t plan on living in the house for more than five years. The money you use to purchase can be recovered during this time but it may be too late to do so for you. **Protect Your Equity** While your home is a valuable asset, avoid borrowing against its equity unless it is completely necessary to do so. While emergencies can warrant a loan, avoid tapping into that solution unless you have no other source of funding. Interest rates can rise with some loans and equity can rise or fall. Paying minimum will become unmanageable down the line and if the market crashes, you may have to foreclose. **Conduct A Rating Analysis Of Your Savings Bank** Once you start earning, start saving some of your money as savings right away. Save the amount in a special account in a bank, a credit union, or a savings account. These establishments can host your account and offer growth in the balance at a specific rate. Most banks and financial institutions invest extensively in real estate. So if the market crashes, they go down as well. In other words, if you want to save yourself from this crisis, evaluate your account holder with [professional analysis ratings](https://corporatefinanceinstitute.com/resources/knowledge/finance/bank-rating/). These can let you know if the establishment that is hosting your account can survive a market crash or not. **Why You Should Hire An Illinois Real Estate Attorney** Selling or buying a home is one of the most significant life decisions you can make. Chances are that you will spend all of your life savings on it. As such, knowing and safeguarding your rights as a buyer or seller should be one of your main concerns. This is where an Illinois real estate attorney from [Cover Marrero Covert, LLP](https://www.covertlegal.com/) can prove valuable. We have experienced real estate attorneys who can guide you in the often complex real estate process. We are determined when it comes to managing real estate transactions and ensuring our clients make the best decisions possible. This includes the large number of tasks that go into a house sale. Get in touch with us for a free consultation in any of our Warrenville, Naperville, or Schaumburg offices today at (630) 717-2783. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney **Tags:** real estate market --- ### [5 Facts You Need to Know About DUI Charges in Illinois](https://www.covertlegal.com/5-facts-you-need-to-know-about-dui-charges-in-illinois/) **Published:** June 16, 2021 **Author:** Brian Covert **Content:** Before hiring a DUI lawyer in Illinois, you should appraise yourself of the information surrounding DUI charges in Illinois. This includes the following: **1. Penalties Differ As Per Frequency** The amount for [DUI charges in Illinois](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501) depends on the number of times you are being charged. For example, a first-time offense can lead to a year in prison and a fine amounting to $2500. A second offense could result in a conviction and a revocation of your driver’s license. In addition there are stiffer penalties such as 5 days in jail or 240 community service hours.” If you are caught driving under the influence for a third or fourth time within five years of the previous violation, you will be charged with aggravated driving which is a class 2 felony. It holds a max seven-year prison sentence and up to $25,000 in fines. **2. You Need To Install A Breathalyzer In Your Car** If you are charged with a DUI and your hearing hasn’t been held yet or you lost the case, you need to place a breathalyzer in your car. You have to blow into it to start your vehicle and it can also alert you into blowing again while you are driving. **3. You Can Still Drive Post DUI But With Limitations** If you have a valid driver’s license, you can still drive for 46 days after you are arrested for a DUI in Illinois. At the stroke of midnight on that date, your license will be suspended. The officer may have taken your license when he/she charged you so you should have a thin piece of paper in its place called a Notice of Statutory Suspension which you can use to drive legally till time’s up. **4. Driving Under The Influence Of Medical Marijuana is Illegal** Medical marijuana is legal in Illinois. However, you need to be registered with the [Illinois Department of Public Health](http://dph.illinois.gov/) and possess authorization from a licensed physician. Your license should also mention this info. However, it is illegal to operate a vehicle if you have taken illegal drugs or are under the influence of medical marijuana. You also cannot transport any illegal substance in your vehicle whether you are under its influence or not. In fact, if you fail a field sobriety test even though you have a medical marijuana card, you will still be charged with a DUI. **5. A DUI Attorney Can Help You Understand Your Charges** If you think nothing can be done to absolve you of the DUI charges in Illinois, think again. If you want to ensure your license is not suspended on the 46th day, get in touch with a DUI lawyer in Illinois such as from the law office of [Covert Marrero Covert](https://www.covertlegal.com/). We can file a petition to fight the license suspension to get it taken off. That is the only option you have at your disposal to ensure your license remains workable beyond that time limit. What are you going to do for transportation after that otherwise? Get in touch with us for a consultation today before it is too late. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Lawyer **Tags:** DUI Attorney --- ### [The Foreclosure Defenses That Can Help Save Your Home](https://www.covertlegal.com/the-foreclosure-defenses-that-can-help-save-your-home/) **Published:** October 10, 2016 **Author:** Brian Covert **Content:** The declining economy and the never-ending debt cycle make it difficult for an average American homeowner to keep up with their mortgage and other loan payments. Due to financial hardships, homeowners are constantly worried about the possibility that their home will be foreclosed by banks. If you find yourself in such a situation, but want to fight back to stay in your home, you should turn to an experienced [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) for help. While the best course of action varies from case to case, some types of foreclosure defenses are similar and prove to be effective in many cases. The following are some common foreclosure defenses that can save you from giving up your home: **Failure to Follow State Procedures for Foreclosure** Sometimes, the foreclosing party, i.e. the bank or the lender, doesn’t properly follow the state specific foreclosure procedures. For example, the lender didn’t issue a public notice to notify all the parties involved in the proceedings. In such a case, your foreclosure defense attorney can help you challenge the foreclosure. If you win the case, the court will order the foreclosure party to perform the entire procedure again in order to enforce a foreclosure. **Unjust Lending Practices** You can file a claim against the foreclosing party if they have deceived you, failed to provide complete information, or acted unfairly in any way. Under the Truth In Lending Act (TILA), the lenders must disclose payment schedule, annual percentage rate, and other important information regarding the mortgage. If the lender fails to give out this information, the borrower can challenge the foreclosure. **Military Personnel on Active Duty** The Servicemembers Civil Relief Act (SCRA) provides servicemembers special protections against foreclosure. If your home is being foreclosed while you are on active duty, you can ask the court to provide a postponement of the proceeding in writing, which will be of nine months. **Mistakes/Errors in Mortgage Payments** The federal law requires mortgage loan servicers to apply charges and payments to a mortgage loan as per the 12 U.S. Code § 2605. If they fail to comply with this statute, you can file a claim to stop the foreclosure action. Moreover, if a homeowner can prove that the lender violated the rules associated with mortgage loan servicing, they can prevent the foreclosure by arguing the bank estopped from claiming a mortgage’ default payment. The Lender cannot Prove the Mortgage’s Ownership Only the owner of the mortgage – the direct owner or someone representing on owner’s behalf – can enforce a foreclosure action. If your mortgage has been sold or bought by several different banks, investors, and lenders, there is a good chance that the last holder of the mortgage cannot prove who it actually belongs to. The court requires the foreclosing party to produce complete documentation of the mortgage’s ownership, which in such a case becomes quite difficult. If you have received a notice for foreclosure or feel that you are at a risk of losing your home, you should immediately consult your case with a competent foreclosure defense attorney. Contact the Law Office of Brian Covert at (630) 717-2783 or online to schedule a free consultation to evaluate your legal options. We have offices in Schaumburg, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [How To Choose The Best Criminal Defense Lawyer](https://www.covertlegal.com/how-to-choose-the-best-criminal-defense-lawyer/) **Published:** May 24, 2021 **Author:** Brian Covert **Content:** If you have been charged with a criminal offense, you need the best criminal defense lawyer in your corner. Even a small crime can lead to a hefty prison sentence and penalties that can ruin your future. Needless to say, the defense lawyer you choose should be the cream of the crop. Here are some tips that can help you choose the best one: **Determine If the Attorney Understands Your Legal Requirements** Irrespective of how minor or major your criminal charge is, determine your legal requirements via a consultation. You may not be aware of the options you have and if the defense attorney you choose cannot give you hope, chances are he/she is not the right fit for you. That is only possible if the Illinois criminal defense lawyer can understand your legal requirements from the first meeting. **Decide Whether You Need A Federal Or A State Attorney** Contrary to popular belief, not all defense cases are the same. You may require a federal or a state defense attorney depending on the circumstances surrounding your case. The former can represent you in federal court for copyright, Constitutional violations and the latter can represent you in cases pertaining to [state laws](https://www.ilga.gov/legislation/ilcs/ilcs.asp). **Search For Specialists** A defense attorney who is a Jack of all trades may not have the experience and knowledge to help you with your particular criminal case. Search for an attorney who specializes in representing individuals who face the charges you are faced with (such as armed robbery or burglary). He/she will have the resources and connections to ensure your Constitutional rights are protected and present options and strategies that can reduce penalties and even prevent jail time. **Make Sure The Attorney Doesn’t Override You** It’s your future that is on the line. Do you really want to risk it by working with an Illinois criminal defense lawyer who disregards your concerns and refuses to take direction from you? While it is true that attorneys are responsible for filing motions and making bigger decisions for their clients, they cannot do so without your express permission. You need a defense attorney who takes the time to get to know you and who integrates your input into the legal strategy. **The Lawyer Should Be Experienced in Local Courts** Besides being proficient in criminal law, your lawyer should also be experienced in local courts. This aspect is often overlooked by most people to their deterrent. Local connections and relationships can make a case easier to manage. This is important because each judge has his/her own way of presiding over a case. Having a lawyer who stands in good stead with the court can work in your favor. Even though you should take your time to find the right lawyer, time is not on your side in a criminal case. This is where the criminal defense attorneys at [Covert Marrero Covert](https://www.covertlegal.com/) can prove invaluable. We understand your fear and frustration and are dedicated to making your problems our priority. Get in touch with us for a free consultation and get the respect and understanding that you deserve. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Criminal Defense Lawyer **Tags:** criminal defense lawyer --- ### [Don't Risk Your Freedom If You've Been Charged With A Drug Crime](https://www.covertlegal.com/dont-risk-your-freedom-if-youve-been-charged-with-a-drug-crime/) **Published:** April 7, 2021 **Author:** Brian Covert **Content:** A drug crime defense lawyer will tell you that, according to the [Controlled Substances Act](https://ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53), even though recreational marijuana is legal in the state, other drugs cannot be consumed legally in Illinois. This includes methamphetamines, LSD, heroin, cocaine, morphine, and Ecstasy. Anyone in possession of drug paraphernalia can also be charged with a hefty fine and a jail sentence. **Penalties for Controlled Substances As Told By a Drug Crime Defense Lawyer** Don’t risk your freedom and finances. Here are some of the penalties you can face as per the Controlled Substances Act: - 4 to 15 years in prison and a fine of $200,000 for possession of 15 grams of controlled substances (morphine, cocaine, or heroin). - 6 to 30 years in prison and a fine of $200,000 for possession of 100 grams of controlled substances (morphine, cocaine, or heroin) depending on the complete street value of the drugs. - 8 to 40 years in prison and a fine of $200,000 for possession of 400 grams of morphine depending on its complete street value. - 10 to 50 years in prison and a fine of $200,000 for possession of 900 grams of controlled substances (morphine, cocaine, or heroin) depending on its complete street value. 10 to 50 years in prison and a fine of $200,000 for possession of 900 grams of controlled substances (morphine, cocaine, or heroin) depending on its complete street value. **Drug Crime Penalties for Possession of Drug Paraphernalia** Possession of drug paraphernalia is considered a [Class A Misdemeanor](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947&ChapterID=53) in Illinois and it holds a fine amounting to $750. This includes: - Spoons and vials - Syringes - Pipes - Bongs - Carburetion tubes It also includes other items that are used to dilute drugs such as marijuana. In fact, any other item that can be used to process the drugs such as scales, plastic baggies, etc. can also be considered as paraphernalia according to the law. The charge can also include a jail sentence of several years if you are charged. If you are caught with paraphernalia and it is your first offense, the judge may sentence you to probation. **Contact Our Drug Crime Defense Lawyer** At [Covert Marrero Covert, LLC](https://www.covertlegal.com/) we understand the stress and frustration you may be going through after getting a drug charge. We are dedicated when it comes to making your problems our main concern and will treat you with the respect and compassion you deserve. Get in touch with us for aggressive legal representation and book a consultation today. A drug crime defense lawyer from our law firm remains aggressive in court even when facing equally or more aggressive adversaries. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Drug Crime Defense Lawyer **Tags:** drug crime --- ### [What Happens the Day of Your Real Estate Closing?](https://www.covertlegal.com/what-happens-the-day-of-your-real-estate-closing/) **Published:** August 14, 2019 **Author:** Brian Covert **Content:** Purchasing any real estate is a demanding experience, particularly when you don’t have the services of a competent real estate attorney. You look at many different properties before you find the perfect one. Constant communication between you, the real estate agent and the lenders leads to a final loan. Closing your real estate deal should not be as stressful if you have the [right real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) by your side. ## **What to Expect at a Closing** In Illinois, the residential real estate closing is generally held at the title insurance company. This company will act as an escrowee, who will be responsible for holding and distributing the funds. The title company distributes the funds towards the end of the closing and it offers protection to the buyer title, at the same time, maintaining the lender’s interest in the real estate been sold. ## **Bring All Essential Paperwork with You** [Closing day is a major event](https://www.isba.org/public/guide/buyingahome). Make sure you are ready for your big day. Bring with you all necessary documentation and the closing amount you are liable to pay upon completing the transaction. Also, you will be required to notarize different documents. You need to ensure all paperwork is complete and properly processed beforehand. Also, you will be required to report all your gift funds – if you have any in your name. It’s essential to complete your documentation at least seven (7) days before closing day. ## **Prepare the Down Payment Amount** Preparing your down payment beforehand is one of the most important financial components of closing any real estate deal. It is important to ensure you have all your finances sorted and your down payment is ready. Your down payment will be made as an earnest money deposit, or good faith deposit, which is used to initiate an escrow. You will have up to three (3) working days to deliver the amount with a signed contract to balance the down payment dues before closing day. ## **Verification of Escrow Account Information** If you already have an [escrow account](https://www.illinoisnationalbank.com/loans/mortgages/how-escrow-accounts-work/) to hold your cash until the closing day, it’s essential to verify all your account details and other information. Make sure to double-check the amount required for you to close the deal. If you wish to know more about closing a real estate transaction in Illinois or speak with an experienced real estate attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [Real Estate: What Should A Tenant Do in Case of Toxic Mold?](https://www.covertlegal.com/real-estate-what-should-a-tenant-do-in-case-of-toxic-mold/) **Published:** February 28, 2021 **Author:** Brian Covert **Content:** ## Is Mold Bad For Your Health? All forms of mold are not dangerous for the health of an individual, but there are certain types of mold that may cause harm to tenants and render the property inhabitable to live. [Mold can have a detrimental effect on the health of tenants](https://theconversation.com/health-check-how-does-household-mould-affect-your-health-48341#:~:text=Inhaling%20mould%20fragments%20or%20spores,health%20problems%20such%20as%20asthma.) residing in the affected property. Damage may increase gradually, therefore, the longer the person remains in the affected unit, the higher the amount of damage will be on their health. The consequences can be quite severe and may cause a person to develop serious health problems. This may include internal organ injury, respiratory damage, amongst other health problems. Unfortunately, toxic mold may not be spotted until the tenant is diagnosed with a medical condition as it could have grown inside the walls. In some cases, landlords carry out extensive repairs to get the affected area treated, but in other cases, a complete overhaul of living space is necessary to reinstate the property to its earlier condition. However, if the landlord is not cooperating in resolving the issue, a tenant has a choice of moving out and filing a lawsuit against their landlord. They may also seek compensation for damages if they have suffered a health condition due to mold. It can be highly advantageous to acquire the services of an experienced [real estate lawyer](https://www.covertlegal.com/) before seeking a lawsuit. ### Seeking a Claim Pertaining To Toxic Mold It is a legal obligation of your landlord to ensure that your space is habitable and free from any health or medical threats. Therefore, in case an area of your living space is affected by toxic mold, you should contact your landlord to remedy the situation. If you do not communicate the problem and allow them to take countermeasures, then you may not be pursuing a valid claim. Therefore, It is advisable to provide them adequate time to address the issue, identify the affected area and understand whether the mold is toxic or not. However, if your landlord is not willing to cooperate and refuses to repair or replace the infected area, you may hire a skillful [real estate lawyer](https://www.covertlegal.com/) and file a claim against your landlord. Since toxic mold may render your unit inhabitable, you may have a strong case against your landlord. Your attorney will further strengthen your claim by gathering evidence pertaining to medical conditions that you suffered due to mold which may include your health reports and photographs of the damaged area, amongst other proof. Your lawyer may also call an expert to explain the adverse effects of toxic mold and its detrimental long-term consequences on the body of a person living under such a condition. With sufficient proofs and testimonies, a competent [real estate lawyer](https://www.covertlegal.com/) may devise a compelling case in your favor that will allow you to obtain rightful compensation for your pain and suffering. This may include medical costs, therapy, amongst other expenses that you incurred or may incur due to damage caused by toxic mold. If you wish to know more about this subject or speak with an experienced real estate attorney, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at **(630) 717-2783** and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Landlord Tenant Law **Tags:** landlord tenant law --- ### [3 Considerations You Should Make Before Buying a Short Sale in Illinois](https://www.covertlegal.com/3-considerations-you-should-make-before-buying-a-short-sale-in-illinois/) **Published:** December 9, 2020 **Author:** Brian Covert **Content:** **Short Sale Indiana** When a property sells for less than the full amount owed, that means it has been ‘sold short’ or is a short sale. The process is known for being a great option for homeowners who wish to sell a property that has fallen in value. It is a good way to [avoid foreclosure](https://www.thebalance.com/foreclosure-explained-315702) as well as all of the problems that come with it. Each [short sale](https://www.investopedia.com/ask/answers/05/shortsaleclosed.asp) is different and has several outcomes. To ensure you benefit from positive ones, here are some things you should do when you are searching for a short sale to buy: **1. Locate the Ideal Property** If you see a house in the listing that is priced considerably lower than ongoing market prices, chances are that the seller is trying to attract buyers for a short sale. Get in touch with the homeowners to confirm first but be cautious. Several homeowners end up listing their property before they have permission from the bank to do so. This is vital because the bank ultimately sets the price. If that is the case, you will have to face a lengthy negotiation process. Chances are you will end up with a price point that will not give you a return on investment. **2. Research the Property** Examine the property before you make any purchasing decision. Ask the owners to provide documents on any unpaid back taxes, liens, etc. Plus, also determine how much the property will be worth once it is fixed up post-sale. You may also have to visit the county clerk a few times. Those efforts will help you get a complete picture of the property before you buy it so you will know exactly what you are paying for. **3. Involve the Seller** The seller or the property owners who are the sellers must inform their lender that they cannot pay off the remaining mortgage amount. At this point, it is important to realize that the seller is not going to profit from the sale. If you are trying to purchase a short sale from a seller who wants a commission for facilitating the sale, back out immediately. If you wish to short sell your property, you should hire reliable real estate attorneys who specialize in that process such as the ones at [Covert Marrero Covert, LLC](https://www.covertlegal.com/). We are experienced in negotiating with mortgage companies to help sellers avoid pending balances and to ensure they can walk away with complete peace of mind. We have been representing clients in Schaumburg, Warrenville, and Naperville, Illinois for years. Get in touch with us today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer **Tags:** short sale --- ### [DUI Penalties and Laws That You Should Be Aware Of](https://www.covertlegal.com/dui-penalties-and-laws-that-you-should-be-aware-of/) **Published:** October 7, 2020 **Author:** Brian Covert **Content:** You are heading home after a night spent partying with friends and are reasonably drunk and are found behind the wheel by law enforcement, you can expect a hefty fine and even jail time for driving while intoxicated (DUI) However, very few people actually know the repercussions of driving under the influence in Illinois. **DUI in Illinois** According to [Illinois law](), the following are ways a person can be considered driving under the influence: - Driving with a blood alcohol content (BAC) of 0.8 or higher - Driving while you are under the influence of drugs, which prevent you from driving safely. - Driving while under the influence of several intoxicating substances making you a hazard on the road. - If there are indications in your blood, urine and breathe that you have consumed an intoxicating substance illegally. - That there are traces of cannabis or THC in your blood. **Criminal Penalties for a DUI** Penalties for DUI in Illinois vary, depending on the circumstances of the arrest and conviction. These circumstances may include the driver’s age, the driver’s BAC level, whether the driver was transporting a child under age 16, whether the driver was driving the wrong way on a one-way road and whether the driver has previous DUI convictions. Any DUI offense resulting in felony charges is classified as Aggravated DUI. **First Conviction** The first DUI conviction is a class A misdemeanor in Illinois. If convicted, you will receive a minimum revocation of driving privileges for one year (two years if driver is under age 21) and suspension of vehicle registration. A fine will set you back $2,500, which is the maximum amount. However, most first-time offenders must pay $500 if their BAC is 0.16 percent or higher and $1,000 if you have a passenger who is younger than 16 traveling with you in your vehicle. If you also receive [community service](https://dui.drivinglaws.org/resources/illinois-first-offense-dui.htm) as part of your DUI sentence, you need to complete 100 hours as a first time offender. If you have a passenger younger than 16-year-old passenger traveling in your vehicle, you need to complete 25 days of community service in a program benefiting children. Unlike some states, Illinois does not have a ‘look back’ period. In other words, if you are convicted of a DUI and repeat the offense, it will be considered as a second DUI – one no matter how many years pass between it and the first conviction. If you are looking for an attorney in Warrenville, Schaumburg or Naperville, Illinois who can defend you in your DUI case, get in touch with us at [Covert Marrero Covert LLP](https://www.covertlegal.com/) today. Besides defending you in court, our attorneys can also help you secure a driving permit to replace the one that was confiscated. It will allow you to drive under special circumstance. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Attorney --- ### [Your Basic Guide to Purchasing Real Estate in Illinois](https://www.covertlegal.com/your-basic-guide-to-purchasing-real-estate-in-illinois/) **Published:** August 5, 2020 **Author:** Brian Covert **Content:** The process of buying a home in Illinois has become increasingly complex over the years. While retaining a skilled real estate attorney from the start is a good idea, you should also familiarize yourself with the steps of the buying and selling procedure. Here are some things you need to know. **The Residential Purchase and Sale Agreement Defines Parameters** The [Illinois Residential Purchase And Sale Agreement](https://www.sec.gov/Archives/edgar/data/1256069/000119312510253516/dex1011.htm) is a binding contract, which binds a seller and buyer into a legal agreement. It allows both to negotiate terms of the agreement with aid from third parties, such as a realtor. Once the contract is signed, it cannot be violated or broken in any way. The agreement comprises relevant terms and conditions, such as the price, surveys, financing, the condition of the property and other elements both parties must come to an agreement on. The buyer must ensure the property undergoes proper inspections before he/she signs the agreement. Similarly, the seller has to make sure to give the buyer a standard [state disclosure form](https://www.nolo.com/legal-encyclopedia/illinois-home-sellers-disclosures-required-under-state-law.html). **Inspection and Loan Approval Is Mandatory In Most Cases** Most real estate contracts come with an inspection provision, meaning buyers have the right to hire a professional inspector to check for defects. Some may also allow buyers to request repairs to the property post inspection. Others may allow repairs as per a set dollar amount and some may also allow the buyers to cancel the deal if they think the property is beyond repairs. Whatever the case may be, the buyer and seller attorneys will negotiate repairs on their clients’ behalf. Once the inspection period has passed, the attorney of the buyer will help his/her client with the mortgage contingency. This allows the buyer to cancel the transaction if he/she cannot acquire a loan that meets the terms of the contract. In such cases, the attorney has to determine whether the loan commitment of the lender complies with the terms of the contract or not. This also includes ensuring the seller receives proper notice regarding loan approval or if it was not approved. Whether you want to sell or buy real estate in Illinois, get in touch with the attorneys at [Covert Marrero Covert LLP](https://www.covertlegal.com/) today. We are experienced in guiding clients through the often complex transaction process. Get in touch with us for a consultation in Warrenville, Naperville and Schaumburg, IL today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Warning Signs That Should Make You Consider Filing For Bankruptcy](https://www.covertlegal.com/warning-signs-that-should-make-you-consider-filing-for-bankruptcy/) **Published:** July 8, 2020 **Author:** Brian Covert **Content:** You may find yourself without a job and are now overwhelmed with debt you have no hope of paying off. If this sounds like a situation you have gotten yourself into, you might consider filing for bankruptcy. Before you reel back in shock, consider the fact that this may be the best financial decision you can make. If you still think you are financially sound, ask yourself these questions: - Do you spend more time on the phone with debt collectors than your family? - Do you only make minimum payments on your credit cards? - Do you use your credit cards rather than your salary to pay for necessities, such as groceries? - Do you have a stack of bills spilling out from your drawer? - Do you spend your whole salary before the end of the month? If you answered yes to even two of these questions, your financial situation is more desperate than you thought. By filing for bankruptcy, you can formally declare that you cannot afford to pay what you owe. To determine where you are financially, you should inventory all of your [liquid assets](https://www.investopedia.com/terms/l/liquidasset.asp) first, such as your stocks, real estate, vehicle(s) etc. After calculating a rough estimate, also figure in your bills and credit statements as well. If the value of the assets you have is far less than the total debt you owe, consider declaring bankruptcy to get out of this situation. However, do not approach this process. The worst thing you can do is treat it as a cure-all for your current financial situation. While it will help rid yourself of some debt, you also will be obligated to pay off some debt. The aim of this process is to give yourself a fresh start by discharging certain debts and remove your liability for paying them. Plus, you will have to file for bankruptcy in the relevant court, a procedure that can be quite complex for the inexperienced. This is where an experienced attorney from [Covert Marrero Covert](https://www.covertlegal.com/) can prove invaluable. Our law firm has a large number of cases involving [Chapter 7 bankruptcy](https://www.investopedia.com/terms/c/chapter7.asp) and can help you organize your finances and determine the best course of action. This includes filing a petition in court on your behalf to initiate the bankruptcy process. If doing so is not in your best interests, we can help you determine alternatives. Get in touch with us for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Attorney --- ### [3 Ways to Drink Responsibly and Avoid a DUI](https://www.covertlegal.com/3-ways-to-drink-responsibly-and-avoid-a-dui/) **Published:** June 3, 2020 **Author:** Brian Covert **Content:** It can happen to anyone. You go out to have fun, lose track of the drinks you consumed, and before you know it, it’s time to head home. If you don’t do the responsible thing and call an Uber or ask a friend to drop you at your place, you will face a hefty DUI charge if you get behind the wheel. Illinois [law](http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm) is strict with offenders and [merciless](https://foxillinois.com/news/local/consequences-of-driving-with-multiple-dui-convictions) with repeat offenders. The trick is not to get so drunk that you become a hazard on the road. Here are some tips on responsible drinking that can prevent that from happening: **Don’t Drink When You Are Hungry** When we drink on an empty stomach, our body absorbs more alcohol than it processes and passes out. So, if you imbibe when you are hungry or to slake your thirst with a beer, the drink will go directly into your bloodstream and make you drunk fast. Prevent this from happening by eating a big meal before you head to the bar. Stick to fats, proteins and dense carbohydrates, such as yogurt, meat or even a peanut butter and jelly sandwich. The food will slow the effects of alcohol in your bloodstream. **Pace Yourself** Our body can metabolize one drink an hour, depending on the type of drink we consume. It can process 5 ounces of wine, 12 ounces of beer or a shot of liquor during that time only. However, big boned individuals, particularly men, can process a bit more than thinner men and most women can metabolize less than that. On the other hand, diet, tolerance and other factors can also contribute to this so determining how much we shouldn’t drink. A good rule of thumb is to ensure you don’t have more than one alcoholic drink per hour. Plus, drink at least a pint of water after each one. This will allow your body to process the drink faster and flush it from your system so you won’t get drunk immediately. **Find a Designated Driver** If you cannot hold your drink or find yourself tipsy during a stag or hen party, do the responsible thing and find a designated driver. If you assign one from your party before you all start drinking, that would be a better idea. You can enjoy yourself more and ensure you don’t become a hazard on the road. Just make sure that the designated driver doesn’t drink excessively and remain sober. Your entire group will be in jeopardy then and/or the driver could face a hefty fine, have their license revoked or worse, face a jail sentence. At [Covert Marrero Covert, LLP](https://www.covertlegal.com/), we can make sure you get a reduced penalty in a DUI case and secure you a permit that can allow you to drive under special circumstances. Get in touch with us in Warrenville, Naperville or Schaumburg, IL, today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Lawyer --- ### [The Role of Deficiency Judgments in Foreclosures](https://www.covertlegal.com/the-role-of-deficiency-judgments-in-foreclosures/) **Published:** April 29, 2020 **Author:** Brian Covert **Content:** The foreclosure process in Illinois or any state, can be a long and tiring endeavor. As a borrower, you may have to deal with financial difficulties – even after it is over and done with. Lenders can also put a deficiency judgment against you to acquire outstanding funds of the loan after the foreclosure. **What are Deficiency Judgments?** Lenders seek deficiency judgment when the owed debt is higher than the sale price of a foreclosed property, which will not cover the amount of debt you owe. The court may tell you to make this payment if the lender appeals to one. According to the [Illinois Code of Civil Procedure](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=107100000&SeqEnd=115800000), lenders have to file a lawsuit in court to foreclose on a home. In Illinois, lenders can bring two types of deficiency judgments against defaulting borrowers – an in personam judgment i.e. against the borrower and in rem judgment, which is against the property. **In Personam Deficiency Judgment** This is the deficiency judgment the borrower should be really concerned about because if successful, it allows lenders to collect the outstanding amount from them personally. In other words, it gives them the legal right to garnish their salaries and access their bank accounts. In fact, even if the borrower passes away, the lender can collect against their estate. You can prevent this from happening as a borrower by filing for [Chapter 7 bankruptcy](http://www.illinoisbankruptcy.com/chapter7.html). If you file for Chapter 13, you may have to pay part of the debt only. **In Rem Deficiency Judgment** This deficiency judgment usually doesn’t affect the borrower personally. If a lender asks for an in rem judgment, it is seen as part of the foreclosure process, in case the borrower exercises his/her [right of redemption](http://www.ilga.gov/legislation/ilcs/documents/073500050K15-1604.htm). If you redeem the property after a foreclosure sale, the judgment will allow the lender to put a lien on it to cover the outstanding balance after the payment of the redemption amount. Depending on the court procedure, the foreclosure process can take 215 days in case it is uncontested. Plus, in Illinois, there can be no deficiency judgment if the lender accepts a Deed in lieu of foreclosure. In this process, the defaulted borrower must transfer the title of the mortgaged property to the lender directly and completely avoid the foreclosure process. **How Covert Marrero Covert LLP Can Help** Receiving a foreclosure notice may feel horrifying, but not if you know the options you have at your disposal. At [Covert Marrero Covert, LLP](https://www.covertlegal.com/) we offer both legal and moral support during this difficult time and provide solutions that can help you get back on your feet faster. The first thing you need to do is act quickly once you receive the notice. This includes working out a mortgage payment schedule with your lender or even filing for bankruptcy – if necessary. Get in touch with us at our law offices in Naperville, Warrenville or Schaumburg, Illinois, for a consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Attorney --- ### [A Brief Real Estate Checklist for Selling Property in Illinois](https://www.covertlegal.com/a-brief-real-estate-checklist-for-selling-property-in-illinois/) **Published:** March 4, 2020 **Author:** Brian Covert **Content:** Are you selling a property in Naperville or Schaumburg, Illinois? If this is the first time selling a property, you may make costly mistakes. Here is a simple checklist you can use as a basic guideline: **Finalize the Transaction Agreement** The first thing you need to do is work out an agreement with the buyer, including the sale price and contingencies. In some cases, a buyer may refuse to sign a deal until they receive the funds for it or before they sell their previous home. In such cases, the presence of an experienced and meticulous attorney can prove invaluable. He/she review the agreement to ensure your understanding the agreement and the terms are clearly represented in writing. **Set a Final Closing Date and Arrange Closing Documents** The agreement should also contain the final closing date of the purchase in the closing document. The final date should be contingent on several factors such as yours and the buyer’s needs, as well as the time the buyer needs to arrange funds for the transaction. The seller’s attorney will also prepare several important documents at the closing, which you should have your lawyer look at. This include the deed that transfers the title to the seller, the Bill of Sale proving the seller received the payments for the property, transfer tax forms and the settlement statement, which lists the money that was exchanged and who they were made out to. **Conduct a Home Inspection** The seller must be apprised of any maintenance issues the property has before the final price is set. To get an accurate estimate, hire a home inspector to go through the house to check for hazards such a mold, damaged plumbing and other issues that may need to be fixed before the sale. If the house is being sold in its current condition, the price will have to reflect the maintenance costs the buyer will need to pay to fix those issues. All of those issues have to be disclosed in the [Illinois Residential Real Property Disclosure Report.](https://www.aflatfee.com/virtualoffice_files/RESIDENTIAL%20REAL%20PROPERTY%20DISCLOSURE.pdf) **Provide Letters Proving Appropriate Payments** Besides these three points, you also need to provide letters from Homeowners or a Condominium Association proving the property does not have any unpaid payments and all areas have been insured. Plus, you also need to provide letters from any lenders who hold mortgages to the property. It should also mention the amount that is to be paid to the lender at closing. By keeping the aforementioned lists in mind you can ensure you remain on the right side of the law in Illinois as a real estate investor. At [Covert Marrero Covert LLP](https://www.covertlegal.com/) we guide clients through complex real estate transactions to ensure they make informed decisions. This includes managing the large number of legal tasks and organizations that are involved in the sale. In other words, we can ensure all elements of your sale go smoothly till the end. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Penalties in Illinois DUI Offenses](https://www.covertlegal.com/penalties-in-illinois-dui-offenses/) **Published:** January 10, 2020 **Author:** Brian Covert **Content:** You don’t want to be caught driving under the influence (DUI) of alcohol in Illinois. State laws are quite strict and are enforced to ensure public safety. Penalties range from hefty fines to jail time, which can increase if the offense is repeated. **How You Can Be Convicted of A DUI** In Illinois, you can be charged with a DUI for: - Driving under the influence of alcohol - Refusing to submit to a [BAC](https://www.webmd.com/mental-health/addiction/breath-alcohol-test) or breath alcohol concentration test - Having a BAC of 0.08% or higher - Being under the influence of drugs or a combination of alcoholic beverages to the point you cannot drive without causing an accident - Having THC concentration of five (5) nanograms or more in your bloodstream for two hours while you are in control of a vehicle. In other words, if you are too high to drive and are found behind the wheel of a car, you will be charged with DUI. Even if you are not charged, you may still lose your driver’s license for a year. This can happen if you refuse to take a BAC. Refuse a second time, and you will have to carpool or use a ride sharing service for three (3) years because your driver’s license will be suspended. **Aggravated DUI** If you are charged with a felony in addition to a DUI conviction, this is considered an Aggravated DUI and results in a prison sentence. If you are on probation and are also convicted, you have to serve a certain amount of [hours](https://www.ncdd.com/illinois-dui-laws) of community service. Fines can go as high as $25,000. Other penalties can differ – according to the circumstances of your case. Besides a prison sentence, community service and penalties, you also can have a permanent mark on your driving record, lose your vehicle, lose vehicle insurance for three (3) years, must undergo regular alcohol/drug evaluations and attend mandatory administrative hearings. At [Covert Marrero Covert](https://www.covertlegal.com/), our aim is to ensure our clients can get a lenient DUI case and this includes procuring a driving permit, which allows them to drive post-conviction, under special circumstances. We have helped several people in Warrenville, Naperville and Schaumburg with aggressive representation, and we can help you as well. Get in touch with us for a FREE consultation for your DUI case today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Attorney --- ### [What You Need to Know About Foreclosure Laws in Illinois](https://www.covertlegal.com/what-you-need-to-know-about-foreclosure-laws-in-illinois/) **Published:** December 11, 2019 **Author:** Brian Covert **Content:** Foreclosure proceedings across the U.S. are based on a complex framework, which works around specific rules, laws and regulations. In Illinois, these are determined by the [Illinois Code of Civil Procedure 735 ILCS Article 5](http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2017&ChapterID=56), which deems lenders can sue borrowers who do not pay on time. Many issues – including divorce to the death of a loved one, may have prevented you from making your mortgage payments on time, but that doesn’t mean you cannot fight it. As a borrower, you need to understand how the process works, as this will help you to preparing yourself for foreclosure or preventing it from happening. **How Foreclosures Work** In Illinois, mortgage payments must be paid on the first of every month, but if you can pay before the 15th, the payment will not be disputed. However, if it is processed after the 15th, you will have to pay a late fee. If you also fail to pay the following month as well, you may receive a notice from the owner ordering you to pay in 30 days or opt for loss mitigation. You will face legal action with a second notice. If third payment is not made, the owner will file for foreclosure of the property. In Illinois, these are judicial notices, so you will get a court notice for not responding, which you will have to answer in 30 days. If you fail to do this as well, the owner or foreclosing party will have grounds to sell the property at a foreclosure sale. However, if you decide to answer the summons by filing an answer and raise a defense, they may ask for [summary judgment](https://dictionary.law.com/Default.aspx?selected=2063) from the court in its favor. If their request is granted or your case is deemed invalid in court, the home will be foreclosed. Receiving a notice for foreclosure can be one of the most stressful experiences in your life. The good news is you don’t have to go through the process alone. With an aggressive defense attorney from [Covert Marrero Covert](https://www.covertlegal.com/) by your side, you can benefit from solutions that may never occur to you. Since time will be of the essence, we make sure your case is handled in a timely manner. This includes offering a free relocation service, which can help you get back on your feet after the case has been resolved. If you live in Naperville, Schaumburg or Warrenville, IL, we can help you navigate the process and pick the option that’s right for you. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [What to do When Charged With a DUI](https://www.covertlegal.com/what-to-do-when-charged-with-a-dui/) **Published:** November 13, 2019 **Author:** Brian Covert **Content:** Alcohol-impaired driving or driving under the influence (DUI) results in a traffic injury or fatality every 48 minutes, according to the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) and [the Insurance Information Institute](https://www.iii.org/fact-statistic/facts-statistics-alcohol-impaired-driving). According to the Federal Bureau of Investigation, more than a million drivers were arrested in 2017 for DUI, which is an arrest every 215 licensed drivers across the United States. That’s why drivers should adherence to state laws and a blood alcohol concentration (BAC) level of 0.08 or lower when using a motored vehicle. These guidelines and any subsequent arrests are made under [the Illinois Vehicle Code](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11&ActID=1815&ChapterID=49&SeqStart=109500000&SeqEnd=134100000). According to the Illinois Vehicle Code, an arrest for driving under the influence results in a revoked driver’s license, jail term, and possible fines and community services. Recently, wrong-way drunk driving, underage or minor driving under the influence and driving without an official medical prescription to use marijuana were added to possible DUI charges, which can get a driver arrested. **Ways to Manage a DUI Offense** Driving under the influence offenses can carry heavy fines and penalties, so seeking support from an [expert criminal defense attorney](https://www.covertlegal.com/practice-areas/misdemeanor-felony-defense/) can be vital. A criminal defense attorney may look for various causes that can dispute an arrest and lead to reversal of charges. Some possible ways to seek reversal or charges or loss of your driver’s license include: - Breathalyzer inaccuracy due to difference between partition ratio and driver, or inaccurate calibration, - Possible use of diet supplements, which resemble the breath of alcohol consumption, - No possible cause for arrest by the police officer or use of illegal evidence, - A delay between being pulled over by police and BAC test, leading to a rise in BAC levels, - Inappropriate DUI blood tests, which consist of improper blood sample storage, or contamination of blood samples, - A forced sober field test through officer intimidation, - Arrest due to an anonymous report of DUI. **Other Steps** Although a criminal defense attorney can look after the legal complications of an arrest or charge, it is also important to look beyond an arrest and refrain from future charges. A consistent DUI conviction can result in a felony and permanent revoke of a driver’s license with jail term. If you are charged, make sue you pay fines, make bail and attend [a Department of Motor Vehicle (DMV) hearing](https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/dl/driversafety/dsadminvscriminal) within 10 days of arrest in order to move forward installing your driving privileges again. If you wish to know more about driving under the influence charges or speak with an experienced criminal defense attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Criminal defense Attorney --- ### [Reasons Not to Buy Foreclosure Property as Real Estate Assets](https://www.covertlegal.com/reasons-not-to-buy-foreclosure-property-as-real-estate-assets/) **Published:** October 16, 2019 **Author:** Brian Covert **Content:** When an owner or homeowner defaults on mortgage payments, or when they are unable to repay their debts, their home is sold and considered as a foreclosure property by the bank, or mortgage lender to whom debts are due. To a real estate property investor, [a foreclosure home](https://www.investopedia.com/articles/mortgages-real-estate/08/foreclosures.asp) can serve two purposes that include buying at a lower price as an investment and reselling it later at a higher price, or getting a new home at a cheaper price than the market equivalents. However, buying a foreclosure property can come with some pitfalls that need careful assessment before a purchase is made. Considering the fact a foreclosure property purchase can be a complex process that may need legal advice, consulting a [competent real estate](https://www.covertlegal.com/practice-areas/real-estate-sales/) attorney can help identify legal complications and the best strategies to navigate them, or refrain from a loss-making investment. Following are some complications real estate planners may face. **Low Asset Value** There is a high possibility the foreclosed property is sold at a lower value due to an economic downturn, bad condition, or an unsafe neighborhood. In an economic downturn, [house prices may be down](https://www.nasdaq.com/article/4-reasons-to-never-buy-a-foreclosure-property-cm77980) due to low resale value or multiple foreclosures in the neighborhood, making it hard for investors to identify any future value unless the economic condition improves. Finding a new buyer under dismal conditions can be a potential pitfall. **Funding issues** Finding loans for a foreclosure property is hard due to its already low value and dismal conditions. Moreover, because many foreclosure properties are bank-owned, they prefer providing their own financial structure that may not be favorable to an investor. Additionally, banks usually have little to no idea about the property and its condition itself, making it more difficult to make a real estate valuation or assessment as per the current condition. Their main reason to sell is to recover their old debts, rather than hold it as an investment. **Potential Repairs** Although the new property owner will do repairs and renovations to make a property look like a home, there is no formal quantified assessment of the work that needs to be done if a house is bought on auctions. Many houses come with conditions and delays before possession are given. It is also possible the house was subject to vandalism from prior owners, or crime in the neighborhood. These need careful legal assessment before a purchase is made. If you wish to know more about closing a real estate transaction in Illinois or speak with an experienced real estate attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Attorney --- ### [Advantages and Disadvantages of Filing Chapter 13 Bankruptcy](https://www.covertlegal.com/advantages-and-disadvantages-of-filing-chapter-13-bankruptcy/) **Published:** September 18, 2019 **Author:** Brian Covert **Content:** Bankruptcy is the inability of an individual to repay their debts in full on time per the repayment schedule. Under federal law, all individuals are allowed to file for bankruptcy to seek an immediate stop on repayment to creditors. It can help avoid immediate foreclosure, eliminate legal debts, help stop wage garnishments, and restore any termination of utility services to both your house and business. Debt adjustment or Chapter 13 bankruptcy helps debtors with a repayment plan that can be used to repay debts and seek a new start. **Understanding Chapter 13 Bankruptcy** Also called the wage earner’s plan, [Chapter 13 bankruptcy](https://www.law.cornell.edu/uscode/text/11/1322) allows a debtor to repay full or partial debts over a period of three to five years, depending on their income. An incorporated business or self-employed individual can file for chapter 13 unless a previous bankruptcy petition was dismissed by the court prior to 180 days because creditors exercised their liens or debtor failed to appear in front of the court. An Official Bankruptcy Form should be completed, which includes list, amount and nature of creditors, source and frequency of debtor income, debtor property list and debtor’s monthly expenses. If you are filing Chapter 13 bankruptcy for the first time, seek support from a [competent bankruptcy attorney](https://www.covertlegal.com/). **Advantages** [Possible advantages](https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics) include: - Removes all creditor accounts after 7 years, - No assets such as vehicles, house or other property are confiscated, - No income test is required, but an Official Bankruptcy Form must be filled and verified, - Provides up to five years to repay debts, - Allows for forming classes of creditors, and reduction of principal or interest fee can be sought, - Repayment plan modification available if debtor loses their job. **Disadvantages** Bankruptcies need timely repayments and must adhere to the plan for a debtor to seek relief: - Chapter 13 bankruptcy can only be valid if the debtor salary is below the median wage, - Almost all disposal cash is applied to a repayment plan and payments are done through payroll, - It can be hard to buy new assets or mortgages, - Chapter 7 straight bankruptcy cannot be sought during the repayment period, - It can be difficult to improve your credit score for 7 years until the debts are removed from credit history. Upon discharge, a debtor will still be liable for repayment of all long-term debts, government taxes, child support or education loans. If you wish to know more about chapter 13 bankruptcy filling in Illinois or speak with an experienced bankruptcy attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Attorney --- ### [What to Look for When Hiring a Bankruptcy Attorney](https://www.covertlegal.com/what-to-look-for-when-hiring-a-bankruptcy-attorney/) **Published:** July 12, 2019 **Author:** Brian Covert **Content:** Bankruptcy is a difficult time and you need to meticulously plan for everything. Hiring the wrong attorney can make matters worse. Finding the right lawyer to file for bankruptcy is essential to help you and your business. Before you browse the Internet for the best bankruptcy attorney, here are some things you need to look out for before hiring an attorney. **Experience in Relevant Field** Let’s start with the most obvious: Look for a [lawyer with years of experience](https://www.covertlegal.com/) in managing bankruptcy cases. The important thing to consider is years of experience may not always mean this particular lawyer will be a good choice. Instead, look for a competent bankruptcy attorney who has years of experience in dealing with different types of bankruptcy cases. If an attorney has more experience in winning [Chapter 7 bankruptcy](https://www.illinoislegalaid.org/legal-information/starting-chapter-7-bankruptcy) cases (and if your bankruptcy is around the lines of Chapter 7) but not [Chapter 13 or Chapter 11](http://www.illinoisattorneygeneral.gov/consumers/bankruptcy.html), then the best choice would be to choose the one with more experience in Chapter 7 cases. **Availability** When you need an [experienced bankruptcy attorney](https://www.covertlegal.com/), it is essential to consider how accessible he/she is. Check the availability of the lawyer by booking an appointment. If he/she were too busy, they would probably let you know if they are taking on any new cases. **Malpractice Insurance** When you need to hire a bankruptcy lawyer, make sure they have malpractice insurance. If they don’t, find a lawyer who has. It’s important to keep in mind the insurance provides protection for the lawyer and not the client. **Ask Other Business Owners and Legal Professionals** To help you find the right lawyer for your [bankruptcy case](http://www.illinoisbankruptcy.com/means-test/), you should ask other business owners and legal professionals for recommendations. If someone has already worked with a competent bankruptcy attorney, ask them for contact information of that lawyer. You should observe other bankruptcy lawyers in court and see how they handle the case. If you like any particular lawyer, you may ask him/her to represent you in court regarding your bankruptcy case. **Ask Questions** Asking different questions from your potential bankruptcy attorney is the best way to determine if a particular lawyer is right for you. Don’t hesitate to ask any questions you have regarding the lawyer’s qualification, experience, the toughest case they may have ever handled, and most importantly, ask about their accessibility to you during bankruptcy filing proceedings. If you wish to know more about filing for bankruptcy in Illinois or speak with an experienced bankruptcy and real estate attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/) at **(630) 717-2783** and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Bankruptcy Attorney --- ### [What to Do When You Have a DUI Charge](https://www.covertlegal.com/what-to-do-when-you-have-a-dui-charge/) **Published:** June 13, 2019 **Author:** Brian Covert **Content:** Like all states in the U.S., Illinois has strict Driving under the Influence or DUI laws. Illinois has an [Implied Consent Law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1), where drivers agree to abide by the rules and regulations under the law as a condition to be allowed and licensed to drive. In Illinois, any individual who has physical control of any vehicle has implicitly given consent to provide a blood, urine and breath sample to a police officer to test for DUI. Furthermore, the state of Illinois has a [Zero Tolerance Policy](https://www2.illinois.gov/ilcc/education/pages/under21laws.aspx) for underage minors suspected of DUI. **How to Deal with Your DUI Charge?** When you find yourself in hot waters with a DUI charge against you, your strategy must begin with finding a [well-recommended DUI attorney](https://www.covertlegal.com/) with years of experience in the field. Discuss the details of your arrest with the attorney and walk the lawyer through all the events that led to your DUI charge. Do not leave out any details, even if they seem trivial or irrelevant, let your attorney know everything. Sharing details about your case will help the attorney find discover evidence the police has against you. There are a number of different approaches to handling a DUI case. Here are some of the loopholes and strategies that could be helpful in getting you out of a DUI charge: – A non-standard field sobriety test, such as the officer asking you to touch your nose with your finger or saying the alphabets backwards, will be deemed invalid in court. – The lack of evidence and probable cause which led to the arrest. – The police officer is unable to provide dispatch recordings. – No dash cam evidence. – It’s highly unlikely that driving under the influence on private roads, which are private property, will get you penalized because most drunk driving penalties are not applicable to private properties. If your lawyer is able to prove you were on a private road at the time of the penalty, then your DUI penalty can be revoked. The repercussions of driving under the influence are many: Your license may be suspended for a limited time, and in some cases, it can be more than a year, or your [vehicle may be confiscated](https://dui.findlaw.com/dui-cases/car-impounded-after-a-dui.html) by the police. If you wish to know more about DUI charges in Illinois or speak with an experienced DUI and real estate attorney, contact the offices of [Covert Marrero Covert LLP](https://www.covertlegal.com/contact-us/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** DUI Attorney --- ### [How to Prevent Legal Issues when Buying or Selling Real Estate](https://www.covertlegal.com/how-to-prevent-legal-issues-when-buying-or-selling-real-estate/) **Published:** May 21, 2019 **Author:** Brian Covert **Content:** The real estate market in Illinois is competitive, which means there is a lot that goes into each real estate transaction. Whether you are a first time buyer, or you have previous experience of buying or selling a property, you will need an experienced [real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) to help you navigate the complex world of real estate. One of the biggest concerns for people is whether they will be approved for financial assistance from a bank or a financial institution. [Closing a deal on a property](http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2138&ChapterID=62) is a big achievement. It’s essential you are prepared for the process to begin and end smoothly. While selling a residential or commercial property, if the sale is to go through, most people will expect the buyer to meet a set of contingencies. Similarly, the buyer also will have some terms and conditions for the seller. It’s rare a real estate deal is finalized without an [experienced lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) present as an attorney will consider every aspect of the transaction before any agreement is signed between the parties. Once these terms, conditions and contingencies set by both parties are successfully fulfilled, it’s highly unlikely any party will face any legal issues. Asking questions about the seller or buyer is the first step towards finding the right property and to preventing any legal issues from occurring. Collect as much information as possible to get an idea of the real estate market prices. The following types of information can help you find the right property: **What type of property are you looking for?** Before you decide to buy a house, it’s essential to look for a property you can afford. An experienced attorney with years of [expertise in real estate](https://www.covertlegal.com/practice-areas/real-estate-sales/) can help you determine your finances and other legal matters. **Things to Consider before Selling a Property** If you are selling your property, the first thing you need to do is talk to a real estate agent and list your property. Discuss the duration of the listing and the price with your realtor in presence of your real estate attorney. List all the items that are a part of the property on sale. It is mandatory for the seller to provide the buyer with a Disclosure Form, under the [765 ILCS 77/) Residential Real Property Disclosure Act](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=076500770HArt.+2&ActID=2152&ChapterID=62&SeqStart=300000&SeqEnd=1700000). If you need a real estate attorney for any real estate transaction, feel free to get in touch with [Covert Marrero Covert LLP](https://www.covertlegal.com/contact-us/). Give us a call at (630) 717-2783 if you have any other queries. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Foreclosure Defense: Legal Terms You Should Know](https://www.covertlegal.com/foreclosure-defense-legal-terms-you-should-know/) **Published:** April 18, 2019 **Author:** Brian Covert **Content:** Foreclosure refers to a legal process when a financial institution or lender initiates legal action against the borrower in order to recover the unpaid amount of [mortgage](https://www.investopedia.com/terms/m/mortgage.asp) loan. This legal action usually takes place after the mortgagor (or lendee) has stopped making payments as per their loan arrangement. The objective of foreclosure is to sell the property, which was offered as collateral for the mortgage. If you are facing foreclosure, it can be extremely beneficial for your case to hire an experienced [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/). It is critical to educate yourself about legal terms regarding foreclosure defense, so you are better able to understand your case and ensure you and your lawyer are on the same page. Here are some of the legal terms you should know: **Legal Terms You Should Know** **Mortgagor and Mortgagee –** People always confuse these terms. A mortgagor is the person or entity who has taken out a loan by using the house they are purchasing as a collateral. A Mortgagee refers to the financial institution or lender that provides the loan to the homeowner. **Promissory Note –** A promissory note, also known as a note payable, is a financial instrument called an IOU that is executed by the owner of the home when they apply for a mortgage. The mortgage arrangement results in a lien on their property, which allows the lending institution to protect their financial interests in case the homeowner is unable to make the mortgage payments. **Lis Pendens –** Lis Pendens refers to the filing of a notice by the mortgagee to inform the homeowner they are initiating a legal action pertaining to the title and ownership interest in their home. It is a public record used to notify all parties who may have an interest in the concerned property. **Deed –** A deed is a written document, which authenticates who is the owner of a property. It is an important legal tool that both the buyer and seller must sign to transfer the ownership rights to the new homeowner. **Secured Creditor –** In cases involving foreclosure, the term secured creditor is used to refer to the financial institution or lender that provided funds to the homeowner so they can either purchase or refinance the property. **Default –** The term ‘default’ simply describes a situation where a homeowner is unable to make timely payments, as per the agreed upon arrangement, with respect to their mortgage loan. **Facing Foreclosure: Do I Need A Lawyer?** When you are facing foreclosure, you have two choices: Either let your lender win or choose to fight the case. Fighting the case provides you an opportunity to avoid eviction and at least save your credit ratings, if not your home. If given sufficient time, a competent [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) might be able to work out a deal with your financial institution to avoid foreclosure, perhaps by negotiating a rearrangement of the mortgage agreement. There are several alternatives available to prevent foreclosure, such as short sale, declaring bankruptcy and reverse mortgage. If negotiations do not work out, your [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) will attempt to seek these alternatives and devise a solid foreclosure defense strategy to ensure your financial, as well as legal interests, remain protected. If you wish to know more about foreclosure defense legal terms or speak with an experienced real estate lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [All You Need to Know about a Real Estate Lien](https://www.covertlegal.com/all-you-need-to-know-about-a-real-estate-lien/) **Published:** February 11, 2019 **Author:** Brian Covert **Content:** When it comes to purchasing a home, the difficult real estate terminologies can often confuse many people who are looking to buy a house, making the process more complicated and complex. Though a person may hire a realtor and a [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) to protect their interests, it is important that they familiarize themselves with the basics. One of the terms which mostly puzzles the buyers is ‘lien’. **What is Lien?** A [Lien](http://www.businessdictionary.com/definition/lien.html) is a claim that an individual or entity has on a residential property with respect to the unpaid bills of the homeowner. When a lien is placed in the title of a house, the owner loses the legal right to refinance, sell, or transfer a clear title of ownership unless they discharge it by paying it off in full. As Lien is a financial obligation of a homeowner owed to a creditor or lending institution, the seller will be unable to obtain the full price of the property. Thus, it can reduce the resale value of the property and, in some cases, makes it a less enticing option for the buyer. **Types of Real Estate Liens** Liens can be broadly categorized into two types; voluntary and involuntary. The former can be initiated by drafting a contractual agreement between the individual seeking the lien and the creditor who is offering financial assistance. An example can be a mortgage provided by the bank so that an individual can purchase the property. Conversely, an involuntary lien is not initiated by a homeowner, but it is a financial instrument to penalize the homeowner, mainly pertinent to construction or tax-related issues. In such instances, the entity to whom the amount is owed will be able to place a hold on the house until the amount is settled, among other possible legal recourses. **A Construction Lien** A construction lien is placed on the house in an event where there are unpaid repairs or renovations carried out in order to increase the value of a property. This arrangement is made especially when the construction company hires sub-contractors or specialists to perform certain tasks. If they are not remunerated for their services, they have a legal right to file a lien against the property for payment. **Legal Help for Invalid Liens** Voluntary liens are placed on the house through mutual understanding between a homeowner and creditor; however, there are instances where the lender may attempt to misuse the arrangement. If you have a lien on your house and you believe that your rights are being violated, you should hire an experienced [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/) to protect your financial interests. The involuntary liens may often cause disputes and delay a potential arrangement of selling your house. If you feel that your house is being subjected to an invalid lien, it is critical that you seek legal counsel from a competent [real estate lawyer](https://www.covertlegal.com/practice-areas/real-estate-sales/). Your attorney will devise a solid argument in your favor and help you navigate through any issue relating to an invalid lien on your real estate property. If you wish to know more about this subject or speak with an experienced real estate lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Do You Need a Lawyer to Construct a Foreclosure Defense?](https://www.covertlegal.com/do-you-need-a-lawyer-to-construct-a-foreclosure-defense/) **Published:** October 8, 2018 **Author:** Brian Covert **Content:** Foreclosure is a common occurrence in the United States. A report from [Attom Data Solutions](https://www.attomdata.com/news/market-trends/foreclosures/midyear-2018-u-s-foreclosure-market-report/) revealed 362,275 foreclosure filings of U.S. properties in the first half of 2018. In an environment where homebuyers buy a house on mortgage at a much higher rate than its selling value, foreclosure can severely damage their financial position. Moreover, it can also negatively affect their credit ratings. But, what actually is a foreclosure? And do you need a lawyer to construct a defense? Let’s find out. **What Is a Foreclosure?** Foreclosure is a process that is used by financial institutions against homeowners who are not able to keep up with their mortgage payments. The primary goal of lenders, mostly financial institutions or banks, to initiate a foreclosure process is to recoup their losses by taking control of a mortgaged house and then selling it. **Do You Need a Foreclosure Defense Lawyer?** There are many defenses available against foreclosure, however, it is highly impractical for an individual to properly use them in their favor due to legal technicalities. Therefore, if you are facing a threat of a foreclosure, it can be extremely beneficial for your case to hire an experienced [foreclosure defense lawyer.](https://www.covertlegal.com/do-you-need-a-lawyer-to-construct-a-foreclosure-defense/) A skillful attorney can help you construct a strong foreclosure defense by using their knowledge and competence pertaining to law and regulations. Some defenses your [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) can construct to favor your case may include unconscionable mortgage terms, which may show that your mortgage terms were unjust and one-sided. Moreover, your attorney can also defend your rights in case of an absence of notice of default, which may demonstrate that lender did not notify you about nonpayment (notice of default is imperative for initiating a foreclosure process). Other defenses may include bankruptcy defense and perhaps failure to adhering state requirements of foreclosure procedures or mistakes in calculation provided by mortgage provider can be used by your lawyer to remedy the situation. By leveraging discrepancies and irregularities in foreclosure documentation presented by a lender, your lawyer can effectively provide you with an upper hand in foreclosure proceedings. It is advisable to take a proactive approach and educate yourself in an earlier stage of your case about foreclosure processes and options. However, you should make sure that you hire an attorney with relevant experience and skills in constructing a compelling foreclosure defense. Furthermore, it can be advantageous for your case if your lawyer has experience in short sales, deed in lieu, and other real estate areas, as it will allow them to protect your interests more effectively. If you wish to know more about this subject or speak with an experienced foreclosure defense lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at **(630) 717-2783** and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer --- ### [3 Most Common Issues Faced by People When Purchasing Real Estate Properties](https://www.covertlegal.com/3-most-common-issues-faced-by-people-when-purchasing-real-estate-properties/) **Published:** August 13, 2018 **Author:** Brian Covert **Content:** Purchasing a house is not an easy feat and you may come across several issues in the process of finding your perfect home. It is imperative that you take measures to find a suitable house, which is financially viable and meets your requirements. There are several issues a person can face while buying a house. Here are 3 most common issues that people experience when looking to buy a house: **Mortgage** The most important thing when you are looking to buy a house is mortgage . You have to ensure that whichever house you choose gets approved by the bank. In some cases, the bank does not approve your application even though your credit rating is good and you have all the relevant documents. Banks perform a due diligence of your chosen house before finalizing the mortgage arrangement. They may not be satisfied with your potential house as the construction might be old or perhaps its condition is deteriorated, which will only leave you the choice to look for another house. **Property Titles** It is vital that there is no dispute over the property title of your potential home. A clear property is not only important to get a mortgage, but it will also play an important part when you will sell your house in future. Reselling a house with a property title that has [disputes](https://pocketsense.com/illinois-laws-property-lines-8696262.html) and legal backlogs can be extremely difficult. Therefore, it is always suggested that you must not include a house with an unclear property title in your portfolio to avoid potential future losses and legal trouble. **Location is in a high-risk area** Location of the house is perhaps the most crucial aspect that you must consider before purchasing a home. There are several elements that come into play when choosing a perfect location for your home. For instance, you must avoid a house with proximity to industries, chemical plants, or a dumping ground. Moreover, you may also give consideration that your house is not in the high-risk geographical area, which has a history of natural disasters like earthquakes, tornados, etc. It may seem like a long stretch; however, prevention is always better than cure. Finally, you must also consider the potential of appreciation of the value of your house. You can always upgrade and improve your house in order to increase its value, but the prime appreciation heavily depends upon the neighborhood and location of your home. If you wish to know more about this subject and speak with an experienced real estate lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Real Estate Lawyer --- ### [Why is Short Sale a better option than foreclosure?](https://www.covertlegal.com/why-is-short-sale-a-better-option-than-foreclosure/) **Published:** September 12, 2018 **Author:** Brian Covert **Content:** In the United States, [65% of homeowners](https://www.magnifymoney.com/blog/mortgage/u-s-mortgage-market-statistics-2017/) own a mortgage (debt taken to purchase a real estate property) on their house. When a homeowner is under financial stress and unable to pay the mortgage payment of their house, they are presented with mainly two options: short sale and foreclosure. It is imperative to understand the main differences between both of these processes to make a wise decision. A short sale is a procedure to sell your home when an owner owes a mortgage of a higher amount than the market value of the house. If banks agree to accept a lesser amount than the figure actually owed by the homeowner, then the homeowner liability towards the lender is settled. On the contrary, foreclosure is a legal process initiated by a lender when a homeowner is unable to make the mortgage payment for a significant time period. **Reasons to choose Short Sale over foreclosure** A short sale is considered a better option compared to foreclosure. Unlike a foreclosure, a short sale allows the home sale to be conducted in a respectful and dignified manner as you are in control of the sale instead of getting evicted from your property by the concerned authorities. Moreover, a short sale has a far less negative impact on your credit rating when compared to foreclosure. As a matter of fact, people who choose short sale are eligible to purchase another house; however, they may face additional difficulty while securing a new mortgage. Whereas in case of a foreclosure, a person may have to wait 5 years to buy another house. Furthermore, if you are looking to obtain a loan from a bank, you may not be obligated to report a short sale, but details pertaining to foreclosure must be disclosed in the submission form, which may increase likelihood of your loan application to be denied. However, according to the [law prevailing in Illinois](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1), a homeowner can only opt for short sale option if the lender has agreed to this arrangement, otherwise, a borrower may involuntary have to go towards foreclosure. Thus, it can be highly beneficial to get help from a [short sale lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to represent your case in front of a lender. A skillful attorney may be in a better position to convince your lender to agree to a short sale arrangement. **How can a short sale lawyer help you?** A [short sale lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) can play a significant role in convincing your lender. Vested by their experience, your advocate can build a compelling case in favor of short sale by demonstrating its potential benefits contrasted to foreclosure. For instance, a short sale will allow the lender to get back their money much sooner than foreclosure process. Your attorney will be able to articulate such benefits in a more persuasive way, which may increase the probability of your lender agreeing to a short sale arrangement. Furthermore, your [short sale lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) would also devise a foreclosure defense, which may incline your lender to choose a short sale arrangement as they may not want to engage in a time consuming and tedious litigious process. If you want to learn more about this subject or speak with an experienced short sale lawyer, it can be helpful to contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Lawyer --- ### [How a Foreclosure Defense Lawyer can help you](https://www.covertlegal.com/how-a-foreclosure-defense-lawyer-can-help-you/) **Published:** July 16, 2018 **Author:** Brian Covert **Content:** If you are running behind your monthly mortgage payments and facing the risk of foreclosure, you will need to make a decision about whether you want to fight foreclosure proceedings or comply with the wishes of your bank or lending institution. Foreclosure would force you to vacate your property and also impact your credit rating negatively. Therefore, it is imperative that you hire a foreclosure defense lawyer to prevent foreclosure either by the modification of your existing loan or extension. **How can a foreclosure defense lawyer help you?** A competent and professional foreclosure defense lawyer will exercise his professional expertise and judgment and will be able to represent your case much more effectively, which will strengthen your case. Firstly, a foreclosure defense lawyer will file a notice of appearance, also known as NOA, with your bank and the court, which will enable him to officially represent you in the case. After the filing process is completed, the bank will provide information directly to your lawyer and he will manage all the paperwork on your behalf. Secondly, your lender must have filed a foreclosure lawsuit against your home. Consequently, you may receive a summons from the court. The bank assumes the role of the plaintiff and you become the defendant party of the case. Your lawyer will exercise your right to respond by stating your intentions to fight the case in order to save your home. Using his experience and knowledge, he will be able to highlight the weak link of the complaint, which can easily be ignored by a common person. Thirdly, he will represent you and advocate on your behalf in the settlement conferences, if any, between you and your bank. It is an arrangement where both parties meet with a referee appointed by the court in order to come to a resolution. You cannot expect to face the bank attorney without a seasonal foreclosure defense lawyer as you will be comprehensively outmatched due to their professional experience and skills. Finally, during the period when solutions such as loan modification are designed, your defense lawyer will use foreclosure defense strategies in order to save you from foreclosure. A knowledgeable lawyer can utilize different strategies depending on the circumstances and nature of your case to buy you enough time to give you a commanding position in the case. If you wish to know more about this subject and speak with an experienced foreclosure defense lawyer, contact the offices of [Covert & Covert LLP](https://www.covertlegal.com/) at (630) 717-2783 and schedule a free consultation session. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer --- ### [Can My Disability Pay be Garnished in a Foreclosure?](https://www.covertlegal.com/can-my-disability-pay-be-garnished-in-a-foreclosure/) **Published:** April 9, 2018 **Author:** Brian Covert **Content:** To be living off of disability and facing foreclosure can create quite a conundrum. Will your lending financial institution’s decision to foreclose your property while you are solely surviving on social security impact your life? Yes. But in the case that the lender is not able to recover the amount you owe by selling the mortgaged property, will the court, under the garb of garnishment allow the lender to [take your social security funds away](https://pocketsense.com/can-home-foreclosure-affect-social-security-income-10067277.html)? And do you need a foreclosure defense lawyer? These are the most common questions that run through the head of every person that goes through this hardship. **What does the law say?** In cases where the lender is unable to recover the money it is owed by the borrower by selling the mortgaged property, the courts have allowed lenders to seize money being given by third parties such as employers to satiate the debt owed by the person in question. Any good Foreclosure Defense lawyer would inform you that according to the [Social Security Act](https://www.ssa.gov/OP_Home/ssact/title02/0207.htm), your social security payments cannot be withheld or taken by your lender under any circumstances. Therefore, there is no need to be worried about losing your social security or disability payments even if you are facing foreclosure. Your social security/disability payments are protected by law, and your lender cannot take them away from you. **Make the best of a bad situation** Facing foreclosure while you don’t have a steady source of income can make you feel quite vulnerable. Most property owners tend to get overwhelmed and make mistakes in their confusion and haste. But if you maintain your composure and decide to not give up without a fight, you could potentially turn the tide in your favor. Consult a veteran [foreclosure defense lawyer](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to get the best advice according to your case. Every case is different from the other and only someone well-versed in the machinations of the legal system can provide you with the best course of action. Rather than being stunned by foreclosure, compose yourself and seek the best way out of a messy situation. Your social security disability payments are already protected by law, and you might be able to salvage your property if you play your cards well enough. For further information and guidance or to schedule a free consultation session, contact Covert & Covert, LLP today at 630-717-2783 to speak with a qualified and experienced lawyer on this issue. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Lawyer --- ### [Defaulting on a Second Mortgage: What You Should Know](https://www.covertlegal.com/defaulting-on-a-second-mortgage-what-you-should-know/) **Published:** December 6, 2017 **Author:** Brian Covert **Content:** When purchasing a home, people often take out more than one mortgage loan to accommodate other expenses. These loans can be used for covering the initial purchase of the property, carrying out a home remodel or renovation project, going on a vacation, or even paying for college fees. However, just like a primary mortgage loan, if you default on the payments of the second mortgage, you are likely to face a foreclosure. Whether the first or second lender initiates the process typically depends on the current value of your home. **Understanding a Second Mortgage** When you take out a second mortgage loan, you are required to sign two documents: a mortgage and a promissory note. The latter document serves as a promise in writing, ensuring that you will pay back the loan, while the former gives a security interest in the property to the lender. Some common examples of second mortgages are Home Equity Lines of Credit (HELOCs) and home equity loans. The term second mortgage does not only mean that it is a loan taken out after a first or senior loan, but it also determines priority. Priority is a concept used for determining which obligation should be paid first after the foreclosure. For this, the date on which the mortgage was recorded in the county recorder’s office is of utmost importance. The mortgage with the earlier date will get higher priority, regardless of whether it is the first or second loan. Once the first mortgage is paid in full, the remaining balance from the foreclosure sale will go into settling the second mortgage debt. **When the First Mortgage is Paid, but not the Second** When you are unable to make payments on your first mortgage, it is highly likely that your lender will proceed to foreclosure, unless you negotiate a deal. However, when it comes to a second mortgage, the junior lender may or may not initiate a foreclosure. ***Homes with Equity*** As mentioned before, the current value of the property is a predominating factor that lenders evaluate before taking the foreclosure decision. This is because they need to ensure whether the foreclosure sale will be enough to cover for the first mortgage and leave enough money to cover the debt of the second. If there will be enough equity for the second lender to recover full or sufficient amount of the money it loaned you, they are likely to proceed with the foreclosure process. ***Homes with Negative Equity*** If your home is worth less than what you owe to mortgage lenders, your property will have negative equity. Such homes are generally referred to as upside-down or underwater property. In such a case, the second lender is unlikely to go for foreclosure. However, if you are unable to pay the first lender as well and they initiate a foreclosure, the second lender may file a lawsuit against you to recover the unpaid amount. It can become quite difficult to manage more than one mortgage, especially when you begin to default on the first. However, all hope is not lost – you can still save your home by working with an experienced [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) who can help you determine the best way to avoid foreclosure. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [How Can an Attorney Avoid Foreclosure by Working With Your Lender?](https://www.covertlegal.com/how-can-an-attorney-avoid-foreclosure-by-working-with-your-lender/) **Published:** January 16, 2017 **Author:** Brian Covert **Content:** If you have received the 90-day pre-foreclosure notice or expecting it in your mail anytime soon, hiring a foreclosure defense attorney in the early stages can make a big difference. After carefully studying your case, the attorney will be able to present you with more options than in the later stages of the foreclosure process. Not only that, they may also be able to get you a great deal with the lender, allowing you to stay in your home while finding a way to adjust payments to make the situation favorable for both parties. The following are a few ways in which your [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) can work with your lender to avoid foreclosure: **1. Loan Modification** A loan modification is a process in which the lender and the borrower enter an agreement with adjusted terms of the loan. Your foreclosure defense attorney can help you with negotiating terms in order to get the best possible deal considering your financial situation. A loan can be modified in three different ways: your lender decreases the original interest rate; your lender extends the loan repayment period to reduce the amount to be paid per month; and your lender reduces the principle balance that is due on you. After you have reached an agreement, your attorney will review the documents with modified terms to ensure there are no illegal or hidden charges. **2. Forbearance** A forbearance agreement gives you a break from payments by suspending or reducing your payments for a short period. In exchange, you will have to make full payment when the agreement expires, along with an extra amount to compensate for the missed payments. Forbearance is the best option for people who have lost their job due to which they are unable to make payments. A forbearance agreement typically spans for three to six months, but can be extended depending on your specific situation. **3. Loss Mitigation Options** Another way to prevent foreclosure is to opt for a loss mitigation option. These are special programs that are a part of Fair Housing Administration loans and make you current with your payments. For example, you may be eligible for a “partial claim” that will bring the remaining amount into good standing. Your attorney will advise you on how to opt for loss mitigation options and ensure that you don’t end up in being in more trouble than you already are with the loan. **4. Foreclosure Mediation** Foreclosure mediation allows you work together with your lender to come up with an alternative to avoid foreclosure. Your attorney will negotiate on your behalf and make sure that the lender considers your situation when setting out new terms for the loan payment. The thought of losing your home to foreclosure can be frightful, especially when you are alone in the fight. In order to increase your chances of saving your home from the clutches of your lender tenfold, the best way is to hire a foreclosure defense attorney. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation to evaluate your legal options. We have offices in Schaumburg, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [What Are Your Rights as a Tenant If Your Rental Is Being Foreclosed?](https://www.covertlegal.com/what-are-your-rights-as-a-tenant-if-your-rental-is-being-foreclosed/) **Published:** April 10, 2017 **Author:** Brian Covert **Content:** Most tenants are unaware of whether their landlord is making timely payments of their mortgage. In most cases, tenants are caught by surprise when they get the news that their rental is being foreclosed and they will have to vacate their home. Due to this, tenants are left out in cold with little time on their hands to find a new place that matches their rental budget. If your rental home is about to be foreclosed or you received a notice to vacate the premises after [foreclosure](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/), you should talk to a reliable and [experienced attorney](https://www.covertlegal.com/) to help you evaluate possible options for your specific situation. **Your Rights as a Foreclosed-Upon Tenant** If you are a tenant who lives in a property facing foreclosure, you should be aware of your following [rights and responsibilities](http://nhlp.org/node/1341#illinois) in such a situation: - You must continue paying your rent and act in accordance with all the terms and conditions of your rental lease agreement even if you know that the property is going to be foreclosed. - You must know that you will not be paying rent to the original landlord with whom you signed the rental agreement after the foreclosure sale. Since they no longer own the property, you must make the payments to the new owner. - It is important to know that you will not be required to vacate immediately after the foreclosure sale. - If someone claims to be the new owner, you must first ask them to show the Trustee Deed for your rental property to confirm ownership. You may also contact your state’s record office or auditor to confirm the authenticity of the deed. - Before the new owner or bank can take an eviction action, they must send you a proper written notice for vacating the property. - As per the 2009 federal legislation, if you have a lease, then you will be able to keep it. If you are paying rent on a monthly basis, you will have at least 90 days to vacate and find a new place. There are a few signs that may indicate your landlord’s mortgage default. If your landlord pays the utility bills and the utility company has cut the supply, it is safe to assume that your landlord may be facing foreclosure. This is because if they are unable to pay the utility bills, there is a high chance they don’t have the money to make mortgage payments either. In such a case, you may conduct a research for a Notice of Trustee Sale filed against your landlord in your state or county publicly recorded documents to find out about an upcoming foreclosure. If you have a hunch that your landlord is going through foreclosure or have received a notice to vacate your rental property, it is advised that you talk to an experienced attorney right away. [Contact](https://www.covertlegal.com/contact-us/) Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. We have offices in Schaumburg, Warrenville, and Nap ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Rental Is Being Foreclosed --- ### [What Is a Short Sale Deficiency Judgment and How Can It Be Avoided?](https://www.covertlegal.com/what-is-a-short-sale-deficiency-judgment-and-how-can-it-be-avoided/) **Published:** May 15, 2017 **Author:** Brian Covert **Content:** A short sale is a good option for homeowners facing difficulty in paying off their mortgage debts. The lender agrees to take the sale price at which the house is sold, even if it is less than the mortgage amount, allowing the homeowner to avoid foreclosure altogether. However, there are situations where the lender seeks a short sale deficiency judgment against the homeowner several months or years later, leaving them surprised as to why they still have to make mortgage payments after everything has been settled. **What is a Short Sale Deficiency Judgment?** The amount received after a short sale is usually less than the total mortgage debt. This difference between the selling price and the total debt is referred to as deficiency. For example, if you owe your lender $150,000 on the mortgage, but the short sale price of your home is $100,000, the difference of $50,000 is the deficiency. The lender may pursue a personal judgment against you to recover the deficiency amount after the [short sale](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/). Typically, once a deficiency judgment has been made, the lender may collect the outstanding amount from you by levying your bank account, garnishing your wages, or through any other means permissible by [law](https://www.isba.org/sections/commercial/newsletter/2011/07/takingdeficiencyjudgmentsinforeclos). **How you can avoid a Short Sale Deficiency Judgment** If your lender is seeking a deficiency judgment, there are several ways you can avoid paying back the deficiency, such as: - **Make an offer to Settle the Deficiency:** Before the short sale, you can make a deal with your lender to settle for a lower amount of deficiency to avoid problems after the transaction has been completed. Since filing for a deficiency judgment and collection of debt is a costly and lengthy process, your lender may agree with your offer to save time, money, and energy. You may even negotiate to pay the deficiency in manageable installments over time. - **Waiving off the right to pursue a Deficiency Judgment:** When you are working with your lender to get approval for the short sale, you can request them to rescind their right to pursue a deficiency judgment. If they agree to it, make sure to include this provision in the short sale agreement. It must be explicitly stated in the agreement that the transaction fully satisfies the debt amount and the lender revokes their right to seek the deficiency. - **Declare Bankruptcy:** Another way to avoid a deficiency judgment is to file bankruptcy to reduce or eliminate your debt. You may file Chapter 13 bankruptcy to pay only a portion of the total amount. You may also consider filing Chapter 7 bankruptcy to completely discharge the deficiency. If your home is on the verge of being foreclosed and you want to negotiate a short sale agreement with your lender, you should hire a [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to help you with the process. The attorney will also assist you with negotiating about a short sale deficiency judgment with your lender. [Contact](https://www.covertlegal.com/contact-us/) Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. We have offices in Schaumburg, Illinois, Warrenville, and Naperville. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [Common Problems and Obstacles with Short Sales](https://www.covertlegal.com/common-problems-and-obstacles-with-short-sales/) **Published:** September 13, 2017 **Author:** Brian Covert **Content:** When homeowners are behind their mortgage payments, lenders are left with no choice but to serve them a foreclosure notice. While you may have several options at your disposal, the best way about your situation is likely to be a short sale. It is a great way to settle your mortgage debt, while allowing you to avoid foreclosure altogether. However, the short sale process is not as easy as it may seem—you may encounter some problems that may hinder and delay the process. It is best to know about them beforehand so that you are able to overcome or avoid these issues. **Getting Junior Lienholders to Accept the Short Sale Amount** To obtain a clear title for your property following a short sale, it is essential for the principle lender to get releases from all junior lienholders. If there is a tax lien, a judgment lien, a second mortgage, HELOC, or any other lien on the property, it must be signed off by the respective lienholder, along with the first mortgage lender. However, getting all the lienholders to agree on the payoff amount is extremely difficult, as everyone is looking to get more money than offered by the principle lender. This can lead to delays in the process and even drive off potential buyers. **Delays and Errors in Documentation** Another common reason homeowners are unable to close deals on short sales in incomplete or incorrect documentation. This may include the documents not dated and signed properly, missing, or not get drawn up in time. Any problem with documentation automatically puts the process on hold, delaying it for days or even weeks. It is best to get all the required documents in order a few days before the closing deal and have a [real estate attorney](https://www.covertlegal.com/practice-areas/real-estate-sales/) carefully review them. **Unreasonable Timeline Expectations** Short sales are generally faster than any other real estate transaction, though it can take anywhere from several weeks to a few months. Since its quite rare for a lender to accept the first offer, uninformed sellers and buyers expecting a quick turnaround are likely to get frustrated and give up on the deal before the sale of the property is approved by the lender. But the good thing is that most major banks and reputed lenders have streamlined their process, making it easy for homeowners to easily and quickly acquire approval for a short sale. **Lowball Offers** Most buyers are interested in a short sale because they are looking to strike a ridiculously low offer from the seller. However, banks have investors and shareholders to answer for their investments in distressed properties, and expect to get maximum return. Your lender will likely to outright reject any lowball offers that you may present for approval. That is why you should never submit such offers to the lender to avoid wasting time. Instead, only submit those offers that are closely match to lender’s desired sale price. Short sales may not be as simple as they may seem like, and involve several legal intricacies that you must be aware about to avoid any potential problems with the process. It is recommended that you work with an experienced and reliable real estate attorney to ensure you are do not make any mistakes and stay on track with your short sale. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. We have offices in Schaumburg, Warrenville, and Naperville, Illinois. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Short Sale Attorneys --- ### [Potential Errors by Mortgage Servicer Leading to Foreclosure](https://www.covertlegal.com/potential-errors-by-mortgage-servicer-leading-to-foreclosure/) **Published:** October 4, 2017 **Author:** Brian Covert **Content:** When borrowers acquire a mortgage loan for their home, they usually make monthly payments to companies, typically referred to as mortgage servicers. There may be a third-party handling payments for your original lender, such as banks. Mortgage servicers perform a number of responsibilities for the management of mortgage loans, such as: - Collecting, recording, and processing monthly payments - Sending statements to borrowers on a monthly basis - Reviewing applications for loan modification and working out alternatives to [foreclosure](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to help borrowers in default - Paying insurance and taxes from escrow accounts - Initiating and carrying out the foreclosure process As mortgage servicers handle accounts of many borrowers for different lenders, it is important to ensure that they are not wrongly using their powers or making errors in processing your payments. If you are a borrower, you must understand your rights and learn about the mistakes and intentional frauds certain mortgage servicers make to ensure you do not up losing your home to foreclosure. **Common Types of Mortgage Servicers Errors** Considering the volume of data mortgage servicers handle on a day-to-day basis, there is a lot of room for error in terms of recording and processing payments. Here are a few common types of errors that mortgage servicers make: - Imposing unreasonable charges or fees - Improperly crediting or applying payments - Not accepting conforming payments - Dual tracking the borrower; meaning that the mortgage servicer is simultaneously pursuing foreclosure while assessing your request for a mortgage loan modification or contemplating any other options - Starting a foreclosure or carrying out a foreclosure sale process without following proper procedures - Not providing accurate information regarding foreclosure status or any work out options **Disputing Mortgage Errors to Protect Your Home from Foreclosure** The [Real Estate Settlement Procedures Act (RESPA)](https://portal.hud.gov/hudportal/HUD?src=/hudprograms/respa) is a federal law that has statutory guidelines for borrowers to dispute potential errors made by your mortgage servicer, and allows you to obtain essential information of your account with the company. In order to initiate the process, you must send a letter to your mortgage servicer, known as the Notice of Error, that is for requesting information. Different time limits have been assigned to the mortgage servicer to provide a response to the notice of error, depending on the request you have sent. If the notice of error is to notify your mortgage servicer about a certain error in the management of loan, the company is required to correct the error, inform you about it, and provide contact information so that you can follow up on your request. The time limit for the mortgage servicer to acknowledge your letter is five business days. Sending a response has different time limits, which range from 7 business days to 30 business days, depending on the nature of error. It is important to note that the clock starts ticking the day the mortgage servicer receives your notice of error. The company may extend the duration to 15 days, if they inform you about the delay within the initial deadline of response, along with a reason for it. If your mortgage servicer has made errors or engaged in any type of mortgage abuse leading to your foreclosure, you should consider working with an experienced [foreclosure defense attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) to help you with your case. Contact Covert & Covert, LLP at (630) 717-2783 or online to schedule a free consultation today. ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Foreclosure Defense Attorney --- ### [Foreclosure Defense Blog](https://www.covertlegal.com/foreclosure-defense-blog/) **Published:** August 17, 2016 **Author:** Brian Covert **Content:** Stay tuned for news on Foreclosure Defense… ![author avatar](https://secure.gravatar.com/avatar/83f780760dcc8f86860c828435ff34cca130113f8c41e0a81eb5ce63a0056d2c?s=300&d=mm&r=g) Brian Covert [See Full Bio](https://www.covertlegal.com/author/admin/) [ ](https://www.covertlegal.com/author/admin/) **Categories:** Uncategorized --- ## Pages ### [Home](https://www.covertlegal.com/) **Published:** August 3, 2016 **Author:** Brian Covert --- ### [Disclaimer](https://www.covertlegal.com/disclaimer/) **Published:** January 4, 2021 **Author:** Brian Covert **Content:** The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. --- ### [Site Map](https://www.covertlegal.com/sitemap/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** [Home](https://www.covertlegal.com/) - [Attorneys](https://www.covertlegal.com/attorneys/) - [Brian Covert, Esq.](https://www.covertlegal.com/attorneys/#brian-covert) - [Sadia Covert, Esq.](https://www.covertlegal.com/attorneys/#sadia-covert) - [Practice Areas](https://www.covertlegal.com/practice-areas/) - [Home Loan Modifications](https://www.covertlegal.com/practice-areas/home-loan-modifications/) - [Foreclosure Defense, Short Sales & Deed-in-Lieu](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) - [Personal Injury](https://www.covertlegal.com/practice-areas/personal-injury/) - [Real Estate Sales](https://www.covertlegal.com/practice-areas/real-estate-sales/) - [Divorce & Family Law](https://www.covertlegal.com/practice-areas/divorce-family-law/) - [Links & Resources](https://www.covertlegal.com/links/) - [Blog](https://www.covertlegal.com/blog/) - [Contact Us](https://www.covertlegal.com/contact-us/) --- ### [Aggressive Lawyers Dedicated to Ending Foreclosure in Illinois](https://www.covertlegal.com/practice-areas/ending-foreclosure/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Get immediate help from a Naperville foreclosure litigation attorney Falling behind on your mortgage may not be entirely your fault. Of course, you cannot help a job loss or other financial crisis. But did you know that many practices by lenders and mortgage-service businesses are improper and can cause or increase the financial hardships that lead to foreclosure? The foreclosure litigation lawyers at the [Law Office of Covert, Marrero, & Covert](https://www.covertlegal.com/) make it our mission to unearth every possible infraction of theirs in our effort to help you keep your home. We do not hesitate to take powerful mortgage companies to court in DuPage and Will Counties to hold them accountable when they harm our clients. ### Types of lending misconduct we pursue Beyond calculation errors and failure to follow regulations, a broad range of litigation defenses is available if you have been wronged during the mortgage process. A [foreclosure litigation attorney at our Naperville law firm](https://www.covertlegal.com/what-you-need-to-know-about-foreclosure-laws-in-illinois/) may file a claim for breach of contract, breach of fiduciary duty, unfair trade practices, or any number of different types of fraud. Improper conduct includes: **Predatory lending** One of the most common violations of the [Truth in Lending Act](https://www.occ.treas.gov/topics/consumers-and-communities/consumer-protection/truth-in-lending/index-truth-in-lending.html) (TILA) or the Real Estate Settlement Procedures Act (RESPA) is convincing homebuyers to take on a high mortgage that they clearly cannot afford. You then persistently struggle to make payments until eventually, you wind up in foreclosure proceedings. **Fees by lenders to mortgage brokers and originators** Mortgage brokers sometimes alter the terms of the loan by increasing the [interest rate](https://www.covertlegal.com/what-will-rising-interest-rates-do-to-the-real-estate-market/) or points offered, in exchange for favorable treatment by the lender. These fees often are not disclosed to you and tack on a substantial sum to the loan. **Excessive escrow deposit requirements** Sometimes, escrow deposits significantly exceed the amount actually needed to make tax and insurance payments on the home. Essentially, you are required to provide their lender with interest-free loans that you often cannot afford. **Private Mortgage Insurance (PMI)** In our experience as [Naperville foreclosure defense attorneys](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/), we have seen lenders and mortgage administrators who do not disclose to you how and when you may cease paying for PMI. Thus, you continue to make costly payments long after they are no longer required. **Incorrect adjustments to ARMs** Adjustable-Rate Mortgage (ARM) contracts are supposed to clearly spell out when a rate may be increased. In many cases, the language is not well defined or lenders flaunt the provision, raising rates as they see fit. All of these practices require you to pay more on a loan, threatening your ability to meet mortgage obligations. If you have been a victim of such conduct, a [Naperville lawyer](https://www.covertlegal.com) at our firm can help. Litigation of inappropriate tactics can help: - Keep you in your house - Stop all foreclosure proceedings - Protect your credit rating - Provide you with damages paid by the violator Foreclosure lawsuits often convince a lender to renegotiate your loan without ever going to court. Our [Naperville mortgage modification lawyers](https://www.covertlegal.com/practice-areas/home-loan-modifications/) can help sort through the complexities to reach a payment arrangement that works for you. ### Holding lending authorities responsible for wrongful conduct in Illinois If you suspect improper tactics have put your home in jeopardy, count on the Law Office of Brian Covert to help. Contact us online or at [630-717-2783.]() to schedule a free confidential consultation to discuss your case. We can accommodate off-site and off-hour appointments, and we have offices in Naperville, Warrenville, and Schaumburg, Illinois. Attorney Sadia Covert speaks Urdu and Hindi, in addition to English. --- ### [Privacy Policy](https://www.covertlegal.com/privacy-policy/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** We are committed to the protection of your privacy, and will treat all of the information you provide through the Firm Web site, including your registration information, with the utmost confidentiality. --- ### [Real Estate Sales](https://www.covertlegal.com/practice-areas/real-estate-sales/) **Published:** February 8, 2017 **Author:** Brian Covert **Content:** Selling a home is one of the most significant financial decisions in a person’s life. Because of this, it is important to know your rights and safeguard your interests throughout the process. At Covert Marrero Covert LLP, our attorneys are experienced in guiding clients through the often complex real estate process. We are committed to ensuring our clients are comfortable and informed about their real estate transactions. In addition, we are skillful at managing the large number of tasks and organizations involved in the sale of a house. From taxes to[ Illinois municipal codes](https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=14&ActID=802) to free & clear title, we ensure that all elements of your particular sale are covered for a successful sale. ### Dedicated and Knowledgeable Real Estate Representation Whenever signing any major contract, it is wise to have experienced legal counsel, and contracts for property are no exception. Real estate transactions are very complicated and involve complex agreements. At Covert Marrero Covert LLP, our attorneys are with you every step of the way. We are well versed in the nuances of real estate law and have years of experience representing clients in these matters. We work with your realtor and the title company to ensure a smooth transaction. We will recommend a diligent realtor if you do not already have one. We review and revise your contract to your specifications. We provide advice on everything involved with your sale, from property disclosures, to contract contingencies, to potential repair issues, and any other matters that may arise. Finally, we will prepare your closing documents and handle all matters of title. For those who owe more to their mortgage company than the value of the property (known as “being underwater”), we also handle short sales. In addition to all the other aspects of a property sale, in a short sale, we are experienced in negotiating with your mortgage company to avoid any remaining balance, to allow you to walk away free and clear with peace of mind. ### FOR THE GUIDANCE YOU NEED, CALL OUR OFFICE AT 630-717-2783 Please [contact us](https://www.covertlegal.com/contact-us/) if you have any questions regarding a real estate transaction, or if you would like to schedule a consultation. Our primary office is located in Warrenville, less than a mile from the Cantera complex. --- ### [Formidable Naperville Personal Injury Attorney](https://www.covertlegal.com/practice-areas/personal-injury/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### We stand up for you when negligence causes you harm The Naperville personal injury lawyers at Covert Marrero Covert LLP help you get the compensation you need to pay for medical bills, cover lost wages, and to repair or replace damaged property. What’s more, our personal injury attorneys work to get you justice. Whether you have been injured in a car crash at the infamous intersection of Kaneville, Keslinger, and Randall Roads in Geneva, Illinois, or fell on a poorly maintained, icy sidewalk, you have the right to be compensated for your injuries. A personal injury claim can be made anytime you have been injured as a result of someone else’s reckless or careless behavior. ### Why you should not accept the insurance company’s offer before talking to a lawyer Insurance companies are for-profit businesses. As such, the more they pay you to settle, the less they have for their executives and stockholders. As your Naperville attorneys, we will not let them give you less than what you deserve. We help victims of injuries in DuPage and Will Counties and across northeast Illinois receive the compensation for: - Current and future medical costs - Loss of income - Property damage - Pain and suffering ### Some Types Of Personal Injury Cases We Have Handled We have helped clients in Naperville, Aurora, Downers Grove, Schaumburg, and other nearby communities by fighting the insurance companies and winning in cases of: - Car, truck, bus, motorcycle, and other motor vehicle accidents - Construction site accidents - Slip and fall accidents - Wrongful death - Premises liability, including negligent security - Products liability, including defective products It is always our goal to deliver results for our clients in the form of maximum compensation. If we don’t think we are the right injury attorneys for your case, we will make sure that we get you to the best possible resource. ### What distinguishes each Naperville injury attorney at our firm Not only are we formidable advocates for clients in the courtroom and at the negotiation table, but we are also committed to understanding your specific situation and finding solutions that fit. We are a small firm, so we have the ability to meet directly with clients. We get to know you, so we can help you. We also pride ourselves on operating with integrity and respect. ### Get the compensation you deserve in Illinois for your personal injury There is no substitute for having a qualified attorney on your side. [Contact Covert Marrero Covert LLP](https://www.covertlegal.com/contact-us/) online or call us at [630-717-2783]() to schedule a free confidential consultation to discuss your injury. We take accident cases on a contingency fee basis, so you pay nothing for our services until we recover on your claim. For your convenience, we have three locations: Naperville, Warrenville, and[ Schaumburg](https://www.villageofschaumburg.com/). We accommodate off-site and off-hour appointments. Attorney Sadia Covert speaks English, Urdu, and Hindi. ![Naperville Personal Injury Lawyers](https://www.covertlegal.com/wp-content/uploads/2021/03/Naperville-Personal-Injury-Lawyers-300x155.jpg "Naperville Personal Injury Lawyers | Covert Marrero Covert LLP") --- ### [Bankruptcy - Chapter 7](https://www.covertlegal.com/practice-areas/chapter-7-bankruptcy/) **Published:** April 23, 2019 **Author:** Brian Covert **Content:** You may have thought about filing for bankruptcy because you have been overwhelmed with debt due to a loss of income, unemployment, unexpected expenses, financial mismanagement, or any other change in circumstances. However, most people are not aware of the stipulations attached to bankruptcy. That is where we come in. Our attorneys at Covert Marrero Covert LLP hold considerable experience in Chapter 7 Bankruptcy and Chapter 13 Bankruptcy cases and can help you. If you’re looking to file for a Chapter 7 Bankruptcy, then here’s what you need to know: ### **What is Chapter 7 Bankruptcy?** The word bankruptcy often has a negative connotation. In reality, filing for bankruptcy gives you a much-needed fresh start. Filing for a [Chapter 7 Bankruptcy](https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics) immediately stops all debt collection. This type of bankruptcy can wipe away your unsecured debts like credit cards, hospital bills, vehicle repossessions, and more! One of the most common misconceptions that people have is that by filing chapter 7 you can lose your house or vehicle. However, that is not the case. If you qualify for a chapter 7 bankruptcy you can keep your vehicle and home as long as you continue to keep making timely payments. ### **When Should You Choose to File a Chapter 7 Bankruptcy?** While you should consider hiring a Chapter 7 Bankruptcy lawyer to understand the filing process in more detail, here are some signs that can let you know whether you should consider opting for a Chapter 7 Bankruptcy: - A wage garnishment has commenced against you - A lawsuit has been filed against you - Your bank account has been frozen - Your debt seems impossible to pay back ### Hiring a Chapter 7 Bankruptcy Lawyer Filing for a Chapter 7 Bankruptcy can be a complicated process. Instead of going through it alone, we suggest you hire a Chapter 7 Bankruptcy Lawyer to manage things for you. Filing for bankruptcy can be an emotional ordeal in itself. You should consider shifting some of that responsibility to a professional. You must also [choose a lawyer](https://www.covertlegal.com/how-to-choose-the-best-criminal-defense-lawyer/) whom you feel comfortable with and one that has experience representing individuals in bankruptcy proceedings. ### What can you protect in a Chapter 7 Bankruptcy? Here are some of the items you will be able to protect: - You can protect at least up to $2,400 worth of value if your vehicle has equity. - You can protect up to $15,000 of home equity - You can protect up to $4,000 in personal property like your bank account, tv’s, laptops, jewelry, etc. If you are filing jointly as a married couple you each spouse receives their own exemptions. What does that mean? This means you can receive up to $4,800 protection on vehicles, $8,000 protection on personal property, and $30,000 on home equity. ### Work With Covert Marrero Bankruptcy Lawyers If you are looking to file for a Chapter 7 Bankruptcy, then we suggest you consult our law firm and gain access to our personalized services. Our bankruptcy lawyers have worked with a large number of cases involving Chapter 7 Bankruptcy and can assist you in all your legal problems. Let us help you and we will make sure you get discharged from your debt without losing your home to foreclosure. We have [offices in Naperville, Schaumburg, and Warrenville, Illinois](https://www.covertlegal.com/contact-us/). We can also arrange an appointment at a place of your choice to ensure your convenience. Call us today at 630-717-2783 to take the first step to a fresh start. --- ### [Aggressive Divorce and Family Law Firm in DuPage County](https://www.covertlegal.com/practice-areas/divorce-family-law/) **Published:** April 20, 2017 **Author:** Brian Covert **Content:** Covert Marrero Covert LLP is a law firm that handles all types of divorce and family law issues, including contested divorce, child support and custody, alimony and maintenance, pre-nuptial agreements, uncontested divorce, visitation, and domestic violence claims. Our highly skilled attorneys have years of experience serving clients throughout the Chicagoland area, including [DuPage](https://www.dupageco.org/?mode=full), Kane, Kendall, Will, and Cook counties. ## Strong and Effective Representation No matter the specific issue you face, you will need an experienced family law attorney on your side to keep you protected and informed. At Covert Marrero Covert LLP, we are prepared to help our clients with compassion, guidance, and determination. Our attorneys are dedicated to aggressively obtaining positive results for our clients. We advocate for both men and women, and skillfully educate, negotiate, mediate, or litigate to protect their interests. We fight relentlessly on behalf of our clients and work hard toward their desired resolution. At Covert Marrero Covert LLP, we combine ingenuity and diligence to best address our clients’ needs and achieve their goals. ## Areas of Practice - [Practice Areas](https://www.covertlegal.com/practice-areas/) - [Home Loan Modifications](https://www.covertlegal.com/practice-areas/home-loan-modifications/) - [Foreclosure Defense, Short Sales & Deed-in-Lieu](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) - [Personal Injury](https://www.covertlegal.com/practice-areas/personal-injury/) - [Real Estate Sales](https://www.covertlegal.com/practice-areas/real-estate-sales/) - [Divorce & Family Law](https://www.covertlegal.com/practice-areas/divorce-family-law/) ## Don’t Hesitate – Call Now However complicated your case may seem, our skilled attorneys and winning strategies can help. For more information about how our office can help with your divorce matter, [contact our firm](https://www.covertlegal.com/contact-us/) to receive our comprehensive legal support. Call (630) 717-2783 to learn more information about our services. ![Warrenville Divorce Lawyers](https://www.covertlegal.com/wp-content/uploads/2021/03/Warrenville-Divorce-Lawyers-300x155.jpg "Warrenville Divorce Lawyers | Covert Marrero Covert LLP") --- ### [Family, Real Estate, Criminal and Corporate Attorneys in DuPage County](https://www.covertlegal.com/attorneys/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** ### We care enough to be tough At **Covert Marrero Covert, LLP**, you will find three attorneys who offer our clients the compassionate, ethical, personalized, and responsive service they deserve. You will also find lawyers who fight tooth and nail for your rights, your family, and your business. We invite you to learn more about who we are and how we can help you. ### Brian Covert, Esq. ![Attorney Brian Covert](https://www.covertlegal.com/wp-content/uploads/2016/08/BC-230x300.jpg "Attorney Brian Covert | Covert Marrero Covert LLP")Brian Covert is a licensed attorney in the State of Illinois with over 15 years of experience. He is a graduate of Benedictine University in Lisle, Illinois with a Bachelor’s Degree in Political Science. He earned his Juris Doctorate from Northern Illinois University in 2009 with a Concentration in Litigation. While attending school, he was highly decorated in National Mock Trial Association competitions, winning numerous Outstanding Attorney awards. Brian has substantial legal experience, beginning with his time at the DuPage County State’s Attorney’s Office, prosecuting cases in the areas of DUI, Domestic Violence, and General Misdemeanors. He then began work as a private attorney handling Foreclosure Defense matters during the recession, and soon after expanded into Family Law matters. In over a decade of work, Brian has personally handled hundreds of cases, with an established track record of obtaining successful outcomes for his clients. Brian practices in the areas of Family Law, Real Estate, and Foreclosure Defense, in DuPage, Kane, Will, Kendall, and Cook Counties. Professional Associations: [DuPage County Bar Association](https://www.dcba.org/) [Illinois State Bar Association](https://www.isba.org/) ### Samuel Marrero Jr., Esq. ![Attorney Samuel Marrero Jr.](https://www.covertlegal.com/wp-content/uploads/2016/08/SM-230x300.jpg "Samuel Marrero Jr. | Covert Marrero Covert LLP")Samuel Marrero Jr. is an Illinois licensed attorney with over 15 years of experience. Attorney Marrero has been admitted to the United States Central and Northern District of Illinois. He was born and raised in Chicago and is fluent in Spanish. Attorney Marrero graduated from DePaul University Bachelor of Arts Honors Program with a major in Political Science and minor in Sociology. Samuel earned his Juris Doctorate degree from Northern Illinois University-College of Law in 2009. Attorney Marrero practices in the areas of criminal law, bankruptcy, traffic, family, and civil matters. Samuel Marrero Jr. has been an associate of high volume firms that handled thousands of cases frequently. Samuel has worked for the Will County Public Defender Office helping people that were financially disadvantaged. He has also helped domestic abuse survivors at Prairie State Legal Services as a 711 licensed attorney. Attorney Marrero has handled thousands of cases where people are going through hardships whether it be bankruptcy, criminal, traffic or foreclosure. Attorney Marrero is a member of the [Illinois Bar Association,](https://www.isba.org/) [DuPage County Bar Association](https://www.dcba.org/), and [Will County Bar Association](https://willcountybar.net/). Samuel practices in counties Dupage, Will, Kane, Cook, Lake, Grundy, Lasalle, Kankakee, Dekalb, as well as others ### Sadia Covert, Esq. ![Attorney Sadia Covert](https://www.covertlegal.com/wp-content/uploads/2016/08/SC-230x300.jpg "Attorney Sadia Covert | Covert Marrero Covert LLP") Sadia G. Covert is a licensed attorney in the State of Illinois and is one of the founding partners at Covert Marrero Covert, LLP. She earned her Juris Doctorate from Western Michigan University in 2008 with a concentration in litigation. She currently counsels clients in Corporate law, various business transactions and business consulting, and acquisition and disposal of commercial and residential property. She also represents her clients in civil litigation matters that arise from corporate disputes. Sadia has diverse legal experience, beginning with her time at the DuPage County State’s Attorney’s Office, prosecuting cases in the areas of DUI, Domestic Violence, Misdemeanors, Juvenile, and Civil Collections and Forfeitures. She then began work in the field of consumer bankruptcy and foreclosure defense, financially advising clients and dealing with numerous cases involving mortgage foreclosures, and later worked in the area of Worker’s Compensation. Currently, Sadia practices Corporate Law and Business Transactions, Commercial and Residential Real Estate, Business Consulting, and Civil Litigation. In addition to her legal experience, Sadia Covert currently serves as a County Commissioner for DuPage County Board (District 5, elected 2018). She also serves on Dupage’s Economic Development Committee, Illinois State Association of Counties, National Association of Counties, Development committee, and Greater Oakbrook Chamber of Commerce. Sadia has also passed legislation in Illinois amending the criminal penal code on hate crimes. ### Get the help you need for your Family, Real Estate, Criminal or Corporate matter today Put our DuPage County lawyers on your side by scheduling a confidential consultation to discuss your situation. [Contact us online](https://www.covertlegal.com/contact-us/) or call us at [630-717-2783.]() For your convenience, we can accommodate off-site, off-hours appointments. Attorney Sadia Covert speaks Urdu and Hindi. --- ### [Traffic Violations](https://www.covertlegal.com/practice-areas/traffic-violations/) **Published:** April 23, 2019 **Author:** Brian Covert **Content:** [Traffic violations in Illinois](https://www.isba.org/public/guide/illinoistrafficcourts) can result from several kinds of offenses. You may be driving without a license, get caught speeding, driving recklessly, etc. In a lot of cases, you simply end up paying a fine. This is because people do not understand the consequences of repeating a traffic violation. They are also unaware that a traffic violation can be challenged in a court of law and you can get the penalty reduced, and at times, even dismissed altogether. Contacting a good traffic violation lawyer is the first step to this. ### **Why Should You Seek Legal Counsel for a Traffic Offense?** Most people do not consider a traffic ticket to be a serious matter, so naturally, the idea of getting legal help for it can sound odd. You seek convenience, and paying the designated fine is easier than challenging a traffic violation. But there is also a downside. Failing to get legal help from a traffic lawyer means that: - You will risk getting your driving license suspended - A traffic offense will go on your record - You will spend a significant amount of money on fines - You will risk getting your driving license suspended ### Consult a Traffic Attorney Today Our [defense lawyers](https://www.covertlegal.com/how-to-choose-the-best-criminal-defense-lawyer/) are incredibly resourceful and hold many years of experience in defending people who have received the following traffic offenses: - Speeding - Aggravated Speeding (Class A & B Misdemeanors) - No Driver’s License (Class B Misdemeanor) - Driving with a revoked or suspended license (Class A Misdemeanors) - Leaving the Scene of an Accident (Class A Misdemeanor) - Reckless driving (Class A Misdemeanor) - Improper lane usage - Driving with a revoked or suspended license - Hit and run accidents - Passing School Bus - Road accidents What most people do not know is that several traffic offenses are actually criminal offenses and should be taken seriously. Also, guilty convictions can result in a suspension of your license. Examples of this are failure to yield to emergency vehicles or passing school buses. Penalties such as community service hours, traffic school, sheriff work, and possibly jail time can be imposed by the judge. While some traffic violations have more severe penalties than others, the attorneys at Covert Marrero Covert LLP make sure to present a strong defense on behalf of their clients and get the penalty reduced. We have also dealt with many cases where the traffic ticket was dismissed. Working with our attorneys means that you get to save your money and time, and avoid getting your driving license suspended. If you are worried about the hassles of a court proceeding, then rest assured our traffic violation lawyers can represent you in court and handle everything for you. If you have received a traffic ticket, then get in touch with one of our attorneys immediately. You can schedule a consultation where we can go over the details of your traffic ticket and decide on the best course of action. We have [offices in Naperville, Schaumburg, and Warrenville](https://www.covertlegal.com/contact-us/) where you can visit us. Contact our offices today at 630-717-2783 to schedule a free initial consultation. --- ### [Diligent, Aggressive Naperville Mortgage Modification Attorney Fights for Your Right to Keep Your Home](https://www.covertlegal.com/practice-areas/home-loan-modifications/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### How loan modification lawyers in Illinois may help you cut your costs and keep your home If you are at risk of foreclosure, chances are that you have heard about a home loan modification. In a mortgage modification, your attorney negotiates with your lender to reduce your monthly payments. At the Naperville, Illinois offices Covert Marrero Covert LLP, our attorneys go one step further and provide [foreclosure defense](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) at the same time — looking for evidence that your mortgage holder may have violated any provisions of your initial loan contract that could constitute a legal defense against a judgment of foreclosure. ### Banks would rather modify your mortgage than foreclose on your home As [loan modification lawyers in Illinois](https://www.covertlegal.com/?p=956), we know that it is usually in your lender’s best interest to find a way to restructure your current mortgage and avoid the foreclosure process. Why? For one, the government is making it increasingly difficult for banks to foreclose. What’s more, it is often more expensive for the bank to hire an agent and have the empty property sit on the market for months, all the while paying taxes and insurance — and not bringing in any money. That does not mean that the bank won’t play hardball. It may. But each Naperville mortgage modification lawyer at our firm knows how to negotiate terms in your favor — not to the bank’s benefit. Like foreclosure, home loan modification is a legal process that entails documentation and a solid knowledge of [real estate](https://www.covertlegal.com/practice-areas/real-estate-sales/) and foreclosure law. A successful mortgage modification could: - Reduce your monthly mortgage payments - Reduce your interest rate - Provide longer payment terms - Convert your mortgage from an adjustable-rate to a fixed rate - Eliminate late fees Do you have an “underwater” mortgage in DuPage, Will, or Kendall Counties? Is your [interest rate](https://www.covertlegal.com/how-rising-interest-rates-are-impacting-the-real-estate-market/) excessively high, or are you experiencing financial hardship and unable to refinance? No matter what your situation is, a [Naperville attorney](https://www.covertlegal.com/attorneys/) who understands and aggressively pursues mortgage modifications could provide the solution that allows you to keep your home while reducing your overall payments. ### Learn more about your mortgage modification negotiation options in Illinois Put our loan modification lawyers on your side by scheduling a confidential consultation to discuss your situation. Contact Covert Marrero Covert LLP online or call us at [630-717-2783](). For your convenience, we have offices in Naperville, Warrenville, and [Schaumburg](https://www.villageofschaumburg.com/), and we can accommodate off-site and off-hour appointments. Attorney Sadia Covert speaks Urdu and Hindi in addition to English. --- ### [Short Sales Attorney in Naperville](https://www.covertlegal.com/practice-areas/short-sale-deed-in-lieu/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Deed in Lieu Illinois lawyers protecting homeowners’ interests in pre-foreclosure deals No one wants to lose a home, but sometimes it is unavoidable. There are, however, mortgage exit strategies besides foreclosure. The attorneys at the Law Office of Brian Covert in Naperville can determine if your options include selling your home through a short sale or giving it back to the lender through a deed in lieu. We help you take the initiative to control your situation. You can count on each lawyer at our firm to work hard and protect your rights. ### Should you consider a short sale? A short sale allows you to sell your home at current market value to satisfy the mortgage debt, even though the sale proceeds are less than you owe on the loan. If you were unable to obtain refinancing and a[ home loan modification](https://www.covertlegal.com/practice-areas/home-loan-modifications/) did not help you accomplish your goals, or if your house is now worth less than the mortgage, a short sale may be the right choice for you. In fact, a [short sale is preferable to foreclosure](https://www.covertlegal.com/will-short-sales-and-foreclosures-increase-in-2023/) in many ways, not least of which is that you may be able to obtain a new mortgage much more quickly. From the lender’s perspective, a short sale is attractive because such homes do not become part of the inventory of foreclosed homes. For that reason, many lenders offer short sale incentives ranging from $1,000 to $25,000 to encourage you to sell your home. ### Do you qualify for a short sale? Every mortgage lender has its own rules for permitting a short sale. In general: - Your home’s market value must have dropped below the unpaid balance due the lender. - The mortgage must be in or near default. - You must suffer from financial hardship, such as job loss, divorce, illness, death, or bankruptcy. - You must not possess assets that could be sold to cover the mortgage. ### How a short sale works in Illinois The [short sale process begins with a negotiation with the bank](https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1401.1). As licensed title agents, Naperville lawyers Brian Covert and Sadia Covert possess considerable experience persuading lenders to permit a short sale. We also possess in-depth knowledge of the [real estate market](https://www.covertlegal.com/illinois-real-estate-market-forecast/) and short sale process in DuPage, Will, Kendall, Kane, and Cook Counties. By putting our lawyers on your side, you can get the relief you need while also being ensured that you are sheltered from deficiency judgments, which are judgments in favor of your creditor. To initiate a short sale, you must first find a realtor who is experienced with short sales. We work with a team of short sale realtors and title agencies that streamline the process to make it as easy on you and your family as possible. Your realtor determines the current market value and lists the property for sale. Once you receive a purchase offer, our short sale attorneys help you complete the loan servicer’s paperwork to finalize the arrangement and free you from your mortgage in DuPage and Will Counties. ### What is a deed in lieu? In some circumstances, a lender will not approve a short sale, or your short sale may not produce a purchase agreement. In this case, you can turn your house back to the bank and the bank, in return, clears your mortgage. This alternative to foreclosure can be particularly beneficial if you have no equity in your home. Many loan servicers offer relocation cash incentives to you if you offer deeds in lieu of foreclosure. To ensure that you are not charged for deficiencies or unexpected tax liabilities, it is in your best interest to work with a short sale attorney at our Naperville law firm who has experience dealing with deed in lieu transactions. Rest assured, if foreclosure is imminent, we also possess the drive and considerable skill in foreclosure litigation to protect your interests. ### Creative solutions to avoid foreclosure in Illinois When you need options for getting out of your mortgage, the Law Office of Brian Covert can help. Contact us online or at 630-717-2783 to schedule a free confidential consultation to discuss your situation. We can accommodate off-site and off-hour appointments, and we have offices in Naperville, Warrenville, and Schaumburg, Illinois. In addition to English, attorney Sadia Covert speaks Urdu and Hindi. --- ### [Warrenville Office](https://www.covertlegal.com/directions/warrenville-office/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Covert Marrero Covert LLP Warrenville Office **Address:** 27475 Ferry Road Warrenville, Illinois 60555 **Phone:** 630-717-2783 --- ### [Naperville Office](https://www.covertlegal.com/directions/naperville-office/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Covert Marrero Covert LLP Naperville Office **Address:** 1003 Neudearborn Lane Naperville, Illinois 60563 **Phone:** 630-717-2783 --- ### [Schaumburg Office](https://www.covertlegal.com/directions/schaumburg-office/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Covert Marrero Covert LLP Schaumburg Office **Address:** 1320 Tower Road Schaumburg, Illinois 60173 **Phone:** 630-717-2783 --- ### [Joliet Office](https://www.covertlegal.com/directions/joliet-office/) **Published:** February 26, 2021 **Author:** Brian Covert **Content:** ### Covert Marrero Covert LLP Joliet Office **Address:** 124 N Scott St. Joliet, Illinois 60432 **Phone:** 630-717-2783 --- ### [Maps & Directions](https://www.covertlegal.com/directions/) **Published:** August 8, 2016 **Author:** Brian Covert --- ### [Misdemeanors & Felonies](https://www.covertlegal.com/practice-areas/misdemeanor-felony-defense/) **Published:** April 23, 2019 **Author:** Brian Covert **Content:** Whether it is a misdemeanor or a felony, getting charged with a criminal offense is very serious. A felony is, of course, far more serious than a misdemeanor, but in either case, it is important to seek legal help. This is especially important in case of a misdemeanor charge. You may take it lightly, but the prosecution will not. Instead, they will try their best to make sure you receive maximum punishment for the offense. Getting in touch with a strong and qualified criminal defense lawyer is the first step to avoiding this. A good defense lawyer will be able to assess the gravity of the situation and set up a strong defense. Remember, both misdemeanors and felonies can have a significant impact on your life. A conviction will go on your permanent record, the effects of which can last a lifetime. ### **What Happens If You are Charged with a Misdemeanor?** A resident of Illinois is subject to [3 degrees of misdemeanor charges](https://statelaws.findlaw.com/illinois-law/illinois-criminal-statute-of-limitations-laws.html). - **Class A Misdemeanor:** Maximum penalty is up to a year in jail and $2,500 fines and costs. - **Class B Misdemeanor:** Maximum penalty is up to 6 months in jail and pay $1,500 in fines and costs. - **Class C Misdemeanor:** Maximum penalty up to 30 days in jail and $1,500 in fines and costs. If you have been charged with a misdemeanor, seek legal help from a misdemeanor defense lawyer immediately. ### What Happens If You are Charged with a Felony? In Illinois, you can be charged with 5 different kinds of felonies (other than first-degree murder). These include: - **Class 4 Felony:** A Class 4 felony is punishable by a prison sentence of 1 to 3 years. - **Class 3 Felony:** A Class 3 felony is punishable by a prison sentence of 2 to 5 years. - **Class 2 Felony:** A Class 2 felony is punishable by a prison sentence of 3 to 7 years. - **Class X Felony:** A Class X felony is the most serious felony. You can go to jail for a maximum period of 30 years and pay $25,000 in fines. - **Class 1 Felony:** A Class 1 felony is punishable by a prison sentence of 4 to 15 years. - **Class X Felony:** A Class X felony is punishable by a prison sentence of 6-30 years. - **Class 3 Felony:** A Class 3 felony can result in a prison sentence of 2 to 5 years. - **Class 4 Felony:** This is the least serious felony. However, it can still result in a prison sentence of 1 to 3 years. Besides serving a prison sentence, you will also be subject to a maximum fine of $25,000 under all 5 felonies. Additionally, sentencing can be of a longer-term of imprisonment called extended-term. Several aggravating factors can result in an extended-term of sentencing like for example prior criminal convictions. If you have been charged with a felony, seek legal help from a criminal defense lawyer at once. ### Get Legal Help from a Criminal Defense Lawyer at Covert Marrero Covert LLP Covert Marrero is a law firm that aims to provide its clients with compassionate legal counsel. Whether you need a criminal defense lawyer for a misdemeanor or a felony, we are here to help. Our defense attorneys make for aggressive advocates in the courtroom and ensure that you have the best defense in place. We have many years of experience in criminal defense and can help you fight for your rights. Nothing is more important to us than your peace of mind and you can trust our attorneys to work towards the best possible outcome against your charges. Contact us today at 630-717-2783 to [schedule a free consultation](https://www.covertlegal.com/contact-us/) at one of our offices located in Naperville, Schaumburg, or Warrenville. --- ### [Naperville Home Foreclosure & Car Accident Lawyers](https://www.covertlegal.com/practice-areas/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** ### Helping you through difficult times Whether you are facing foreclosure or have been injured in a car crash, in a slip and fall accident or as the result of a defective product, you have a lot on your plate. At the DuPage County Covert Marrero Covert LLP in [Naperville, Illinois](https://www.naperville.il.us/), we are here to help you. Let us deal with the insurance companies while you heal. Let us handle your mortgage lender and the courts and do all we can to help you stay in your home. We know that the way to get results is to get tough with banks and insurance companies. Aggressive representation is how we get the best outcomes for our clients. At the same time, you can count on [attorneys](https://www.covertlegal.com/attorneys/) Brian Covert, Samuel Marrero Jr., and Sadia Covert to make sure that you are informed of all your options so you can make the decision that is right for you and your family. ### Contact us for solid, strategic legal help with: - [Home loan modification negotiations](https://www.covertlegal.com/practice-areas/home-loan-modifications/) — We will help determine your eligibility for home loan modification and negotiate to have your monthly mortgage payments reduced - [Foreclosure defense and litigation](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) — We explore every available avenue to stop a foreclosure process. If necessary, we will litigate on your behalf or help you investigate *short sale and deed-in-lieu options.* - [Personal injury](https://www.covertlegal.com/practice-areas/personal-injury/) — Do not settle with an insurance company before you know your rights as the victim of a personal injury. We will fight to make sure you get the compensation you deserve. - [Real Estate Sales](https://www.covertlegal.com/practice-areas/real-estate-sales/) — Selling your home is one of the most significant financial decisions a person can make, and making sure you have an experienced attorney in your corner is essential. - [Divorce & Family Law](https://www.covertlegal.com/practice-areas/divorce-family-law/) — Our highly skilled attorneys have years of experience serving clients in all areas of family law throughout the Chicago area. ### Get the help you need for your foreclosure or personal injury matters today Put our DuPage County and Aurora lawyers on your side by scheduling a confidential consultation to discuss your situation. [Contact us online](https://www.covertlegal.com/contact-us/) or call us at [630-717-2783](). For your convenience, we can accommodate off-site, off-hours appointments. Attorney Sadia Covert speaks Urdu and Hindi. --- ### [Knowledgeable Naperville Foreclosure Defense Attorney](https://www.covertlegal.com/practice-areas/foreclosure-defense-short-sales/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** ### Helping you keep your home and the memories it holds Receiving a foreclosure notice can be one of the most frightening events in your life. You do not have to face it alone. At Covert Marrero Covert LLP in [Naperville, Illinois](https://www.naperville.il.us/) we provide the moral and legal support you need to find real solutions. Once you receive a foreclosure notice, you must act quickly. Options include making the missed mortgage payments, working out a payment schedule with the lender, modifying your mortgage, or in some cases, filing for bankruptcy in order to halt foreclosure. Because time is of the essence and so much is at risk, you need a Naperville lawyer you trust to be on your side. ### Foreclosure lawyers serving Illinois with distinction Our attorneys are dedicated to helping people in DuPage and Will Counties who have fallen behind on their mortgage payments because of a job loss, [divorce](https://www.covertlegal.com/practice-areas/divorce-family-law/), mounting credit card debt, or health issues. We do that by leaving no stone unturned in looking for errors in your mortgage lender’s paperwork and investigating every avenue to help you avoid foreclosure. If we find any error in the bank’s documentation, as trial lawyers we are not afraid to [litigate foreclosure](https://www.covertlegal.com/practice-areas/ending-foreclosure/) in court. Defenses to foreclosure include: - Unconscionable mortgage terms - Failure to properly serve a notice of default - Failure to follow state-required procedures - Calculation mistakes by the mortgage servicer We also honestly advise you when a [short sale](https://www.covertlegal.com/practice-areas/short-sale-deed-in-lieu/) or deed in lieu is in your financial best interest. While our foreclosure defense lawyers exhaust all remedies, there may be times when foreclosure cannot be avoided. We see you through the foreclosure process. We also offer a free relocation service that can help you find a rental home. Foreclosure usually takes about nine months and involves many court dates. ### Understanding the foreclosure process Each Naperville foreclosure defense lawyer at our firm has a firm grasp on the law and how to best make it work for you. We also believe it is critical that you know how your case will proceed. **Default:** The process starts when you default on your [home loan](https://www.covertlegal.com/practice-areas/home-loan-modifications/), which is defined as a breach of the contract. This is usually done by missing a payment. **Foreclosure:** The mortgage company may seek foreclosure on the property by filing a Complaint for Breach of Contract in court. The lender must allow you 30 days to seek HUD (Department of Housing and Urban Development) counseling prior to initiating foreclosure proceedings. **Service of process:** Soon after this, you are served legal notice of the complaint. You have 30 days to file an Answer to the Complaint. If you have not already, this is a good time to consult an attorney. **Litigation and negotiation:** A foreclosure defense attorney from our Naperville firm files an appropriate Answer. The lawyer then attempts to negotiate with the mortgage company and pursues various options to allow you to avoid foreclosure. **Judgment:** The court enters a judgment against you unless you or your attorney presented viable defenses to the court. An Order of Sale for the property is given to the sheriff. **Sale:** The sheriff executes the sale of the property at auction and confirms the new owner of the property. **Possession expiration:** Your Right of Possession in your home expires 30 days after the confirmation of the sale. **Eviction:** At the end of the 30 days, the sheriff evicts you, and a deed for the new owner is recorded for the property. **Rights of the homeowner:** Throughout this process, you have certain rights to recover your property under Illinois legal statutes. **Reinstatement:** If you manage to bring your account current within 90 days of Service, the lender must cease the foreclosure proceedings. **Redemption:** If you pay off the entire balance on the loan within seven months of Service or within three months of Judgment, whichever is later, the Judgment is reversed and you retain title in the property. **Special redemption:** If the mortgage company purchases the property back during the auction, you can retain possession and gain title in the property if, within 30 days, you pay the mortgage company the amount it paid at auction, plus any costs the company accrued during the foreclosure proceedings. ### Learn more about your foreclosure defense options in DuPage and Cook Counties If you are at risk of foreclosure — and especially if you have received a notice of intent to foreclose — it is imperative that you get legal help as soon as possible. We make sure the bases are covered and your interests are protected at every turn. Contact Covert Marrero Covert LLP online or at [630-717-2783]() to schedule a free confidential consultation to discuss your situation. For your convenience, we can accommodate off-site and off-hour appointments, and we have offices in Naperville, Warrenville, and Schaumburg, Illinois. Attorney Sadia Covert speaks English, Urdu, and Hindi. --- ### [DUI](https://www.covertlegal.com/practice-areas/dui-defense/) **Published:** April 23, 2019 **Author:** Brian Covert **Content:** Every year, nearly 1.5 million Americans get arrested for driving under the influence of alcohol or other illicit substances. Besides being dangerous, a DUI arrest can get you into some serious legal trouble as well. However, most individuals that get arrested do not know how to proceed with their DUI defense. If you or someone you know, has been charged with a DUI, then make sure you consult with a DUI attorney at Covert Marrero Covert LLP immediately. ### **What Happens After a DUI Arrest?** [In Illinois, if you are arrested for Driving Under the Influence you can be charged criminally](https://dui.drivinglaws.org/resources/illinois-first-offense-dui.htm) as a misdemeanor or a felony depending on the circumstance. After the arrest, you can leave the police station on your personal recognizance or pay a bond. If your case is a felony you will likely have to spend the evening in jail until you can see a judge for a bond hearing. If a bond hearing is necessary in your case the judge will decide the amount of bail you will need to pay in order to get out. This is based on mitigation and aggravation in your case. Your license will be suspended automatically after 46 days of your arrest. The length of the suspension can be 6 or 12 months depending on whether you blew into the breathalyzer apparatus. You will be entitled to a hearing regarding the suspension, but you must file a petition regarding this immediately. Hiring a DUI defense lawyer can help you out here as they can fight against your suspension. ### What are the Penalties for a DUI Charge in Illinois? Residents of Illinois can be subjected to several penalties if faced with a DUI charge. If one cannot contest the case via a trial or hearing a negotiated plea might be needed and can involve several conditions. Minimum requirements for a DUI plea can include: - Drug and alcohol evaluation - Drug and alcohol counseling - Community service - Victim Impact Panel Class - Fines and Costs - Possible jail time Depending on the severity of the case other conditions can be required by law or imposed by the judge or prosecutor like SCRAM, which is an ankle bracelet that detects alcohol consumption. For first-time offenders, our number one goal is obtaining supervision for you and minimizing the conditions you are required to complete. It is imperative you obtain supervision upon a plea to avoid a conviction on your criminal record. A criminal conviction can negatively impact your life in several ways like inhibiting you from obtaining housing, employment, and other opportunities. A DUI conviction can revoke your driving privileges for at least a year. This can go up to 2 years if the driver is younger than 21. Not to mention after the year revocation you still need a formal hearing with the Illinois Secretary of State. This complicated Secretary of State process is arduous and very costly. ### Consult Legal Counsel from Covert Marrero Covert LLP DUI Attorneys Penalties become more severe according to the number of DUI arrests. Even if it is your first offense, a DUI charge is not something that should be taken lightly, and getting swift legal assistance is the key to making the best of a bad situation. This is where we come in. Our DUI defense attorneys have provided legal counsel to many individuals charged with DUI over the years. You can schedule an appointment and we can go over the details of your charges. We can also assist you in filing a petition against your license suspension. Our ultimate aim is to make sure that our clients get a reduced penalty in a DUI case. We can also help you secure a permit that will allow you to drive under specific circumstances. Covert Marrero Covert LLP is a firm that you can expect aggressive and personal representation, we pride ourselves in giving our clients complete attention. We have offices in Naperville, Schaumburg, and Warrenville where you can visit us. Contact us today at 630-717-2783 to [schedule a free initial consultation](https://www.covertlegal.com/contact-us/) for your DUI charge. --- ### [Bankruptcy - Chapter 13](https://www.covertlegal.com/practice-areas/chapter-13-bankruptcy/) **Published:** April 23, 2019 **Author:** Brian Covert **Content:** Are you heavily under debt and on the verge of losing your home or any other valuable property? Filing for a chapter 13 bankruptcy may be a solution for you then. Of course, there is a lot that goes into filing for bankruptcy. You need to understand where you stand financially and how to initiate the process. This is where we come in. Our bankruptcy attorneys at Covert Marrero Covert LLP can help you get a head start on the situation and provide a timely solution. If you’re looking to understand what it means to file for a Chapter 13 bankruptcy, then here is what you need to know: ### **What is Chapter 13 Bankruptcy?** A [chapter 13 bankruptcy](https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics) can be best described as a debt consolidation repayment plan. Filing for a chapter 13 bankruptcy allows debtors to repay all of their debts within a period of three to five years. You are discharged of debts involving your medical bills, personal loans, and outstanding credit card balance. Chapter 13 also allows you to reorganize your finances. Depending on your income and assets you may only have to pay a percentage of all unsecured debts. ### When Should You Choose to File a Chapter 13 Bankruptcy? You may consider filing a Chapter 13 bankruptcy if: - You are severely behind on your mortgage - Your vehicle is about to get repossessed - Your license is suspended due to an uninsured crash or outstanding court fines - You have not been able to pay taxes to the IRS - You do not want to lose the property that cannot be protected under a Chapter 7 bankruptcy ### The Benefits of Filing for a Chapter 13 Bankruptcy As your Chapter 13 bankruptcy attorney would tell you, there are several benefits of filing for bankruptcy. These include: - Avoid foreclosure - Avoid vehicle repossession - Reinstate your driver’s license - Debt repayment that completes in 3-5 years - Debt collectors cannot contact you directly ### Work with Covert Marrero Covert LLP Bankruptcy Attorneys You can consider filing for bankruptcy yourself, but it is better to hire a lawyer instead. Making a mistake during the filing process can result in a dismissal of your petition. Contact our bankruptcy attorneys at Covert Marrero Covert LLP to avoid this. We won’t just take you through the filing process but also work to make sure your petition is granted. Our clients are our top priority and we strongly believe in providing a personalized experience to each individual. You can contact us and schedule a consultation to discuss your situation by calling us today at 630-717-2783. [Our offices are located in Naperville, Schaumburg, and Warrenville](https://www.covertlegal.com/contact-us/), and you can pay a visit to whichever is closest to you. We can also arrange for off-site appointments. --- ### [Links & Resources](https://www.covertlegal.com/links/) **Published:** August 8, 2016 **Author:** Brian Covert **Content:** While they do not replace the advice of an attorney, here are some links to legal resources you may find helpful. - [DuPage County Court](http://www.dupageco.org/CourtClerk/) - [DuPage County Foreclosure Sales](http://www.dupageco.org/CourtClerk/) - [Illinois Supreme Court](http://www.state.il.us/court/) ## Get the help you need for your foreclosure or personal injury matters today Put our lawyers on your side by scheduling a confidential consultation to discuss your situation. [Contact us online ](https://www.covertlegal.com/contact-us/)or call us at [630-717-2783](). For your convenience, we can accommodate off-site, off-hours appointments. Attorney Sadia Covert speaks Urdu and Hindi. --- ### [Contact Us](https://www.covertlegal.com/contact-us/) **Published:** August 4, 2016 **Author:** Brian Covert --- ### [Blog](https://www.covertlegal.com/blog/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** ![comingsoon-298x300](https://www.covertlegal.com/wp-content/uploads/2016/08/comingsoon-298x300-298x300.jpg "comingsoon-298x300 | Covert Marrero Covert LLP") --- ## Manage Services ### [Real Estate](https://www.covertlegal.com/services/short-sales-and-deeds-in-lieu/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** The lawyers at Covert Marrero Covert LLP are experienced in all facets of real estate law. Contact us today to discuss any of your real estate needs. --- ### [Foreclosure Defense & Home Loan Modification](https://www.covertlegal.com/services/home-loan-modification-negotiations/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** Falling behind on your mortgage may not be entirely your fault, and an experienced foreclosure defense attorney may be able to help. --- ### [Criminal/Traffic/DUI](https://www.covertlegal.com/services/foreclosure-defense/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** If you have been accused of a crime, been charged with a DUI, or have been issued a traffic ticket, our lawyers have the experience necessary to fight for your rights. --- ### [Divorce & Family Law](https://www.covertlegal.com/services/foreclosure-litigation/) **Published:** August 4, 2016 **Author:** Brian Covert **Content:** Contact the lawyers at Covert Marrero Covert LLP if you are going through a divorce or have a separate family law matter. --- ## Tags ### [short sale](https://www.covertlegal.com/tag/short-sale/) --- ### [foreclosure](https://www.covertlegal.com/tag/foreclosure/) --- ### [home loan modification](https://www.covertlegal.com/tag/home-loan-modification/) --- ### [landlord tenant law](https://www.covertlegal.com/tag/landlord-tenant-law/) --- ### [child custody](https://www.covertlegal.com/tag/child-custody/) --- ### [drug crime](https://www.covertlegal.com/tag/drug-crime/) --- ### [criminal defense lawyer](https://www.covertlegal.com/tag/criminal-defense-lawyer/) --- ### [DUI Attorney](https://www.covertlegal.com/tag/dui-attorney/) --- ### [real estate market](https://www.covertlegal.com/tag/real-estate-market/) --- ### [DWI penalties](https://www.covertlegal.com/tag/dwi-penalties/) --- ### [Real Estate](https://www.covertlegal.com/tag/real-estate/) --- ### [DUI](https://www.covertlegal.com/tag/dui/) --- ### [DWI](https://www.covertlegal.com/tag/dwi/) --- ### [drunk driving](https://www.covertlegal.com/tag/drunk-driving/) --- ### [bankruptcy](https://www.covertlegal.com/tag/bankruptcy/) --- ### [interest rates](https://www.covertlegal.com/tag/interest-rates/) --- ### [home loan](https://www.covertlegal.com/tag/home-loan/) --- ### [loan](https://www.covertlegal.com/tag/loan/) --- ### [mortgage](https://www.covertlegal.com/tag/mortgage/) --- ### [loan modification](https://www.covertlegal.com/tag/loan-modification/) --- ### [short term rental](https://www.covertlegal.com/tag/short-term-rental/) --- ### [divorce](https://www.covertlegal.com/tag/divorce/) --- ### [fathers rights](https://www.covertlegal.com/tag/fathers-rights/) --- ### [prenuptial agreement lawyer](https://www.covertlegal.com/tag/prenuptial-agreement-lawyer/) --- ### [deficiency judgment](https://www.covertlegal.com/tag/deficiency-judgment/) --- ### [insurance](https://www.covertlegal.com/tag/insurance/) --- ### [domestic violence](https://www.covertlegal.com/tag/domestic-violence/) --- ### [Do I Need A Lawyer To Buy Or Sell A Home In Illinois?](https://www.covertlegal.com/tag/do-i-need-a-lawyer-to-buy-or-sell-a-home-in-illinois/) --- ### [Illinois real estate law attorneys](https://www.covertlegal.com/tag/illinois-real-estate-law-attorneys/) --- ### [How Personality Differences Escalate In Pre-Divorce Conflict](https://www.covertlegal.com/tag/how-personality-differences-escalate-in-pre-divorce-conflict/) --- ### [Financial Mistakes To Avoid Before A Divorce](https://www.covertlegal.com/tag/financial-mistakes-to-avoid-before-a-divorce/) --- ### [What A Real Estate Lawyer Reviews Before Closing](https://www.covertlegal.com/tag/what-a-real-estate-lawyer-reviews-before-closing/) ---