Law Offices of Glenn Betancourt

09/10/2022

Back to Chi Town.

09/10/2022

Beverly Shores Bound. Conditions: Glorious!

07/23/2020

New Rule for Evictions - Landlords filing evictions are now required to attach copies of any applicable lease or the notice (5-day, 10-day, 30-day) on which the action is based, under the new Rule 139, that went into effect on July 17, 2020. The new rule applies to all cases filed after that date. This codifies what many lawyers already considered as "best practice". However, any tactical reasons why you might have considered a good reason to deviate from this practice, no longer seems worth the trouble, as it may give another reason to a tenant to delay the proceedings by giving them grounds to attack the pleadings. If you are representing yourself in an eviction, you will be held to the same standard as a seasoned practitioner. Pay attention! Attach the notice and lease to your complaint when you file it or face the consequences.

05/26/2020

If you have been laid off and are trying to obtain Illinois marketplace insurance coverage, keep in mind Illinois' marketplace insurance is an FFM (Federally Funded Marketplace). The marketplace insurance roles are divided among both governments. You need to begin your search at https://www.illinois.gov/hfs/MedicalClients/Pages/AbeBenefits.aspx. Then also go to CMS.GOV. For many people in Illinois the temporary solution may end up being temporary Medicaid coverage until the next marketplace open enrollment period.

View up to date information on how Illinois is handling the Coronavirus Disease 2019 (COVID-19) from the State of Illinois Coronavirus Response Site

05/12/2020

If you are suffering a financial hardship during the Covid-19 Pandemic and you believe you need to temporarily stop making your mortgage payments, the Cares Act may allow you to do just that. You do not even need legal representation to obtain a mortgage forbearance if you can handle writing a letter using a template. Make sure of the bona fides (good faith merit) of your case and apply as soon as you believe you may not make your mortgage payment. Read the article indicated below and the sample letters provided.

Use this free hardship letter template to request mortgage forbearance from your loan servicer. This is the one step to get CARES Act mortgage relief.

04/14/2020

Illinois Temporarily Approves Remote Online Notarization

Gov. Pritzker issued an executive order permitting remote online notarization as long as the Notary and signer are both physically located in the state at the time if the notarization, and the notarization “follows the guidance posted by the Illinois Secretary of State.” The executive order is in force as long as the Gubernatorial Disaster Proclamation is in force.
Here are key provisions of the executive order and guidance:
1. The remote notarial act must be done by two-way, real time audio-video communication that allows for direct interaction between the notary and the signer.
2. Signer must attest that they are physically in Illinois and state what they are signing.
3. The resolution of the audio-video connection must be of sufficient quality for the notary to properly examine the signer’s identification credentials.
4. A recording of the remote notarization must be retained by the notary for at least 3 years.
5. The signer must show the Notary each and every page of the document being signed. The signer also should initial each page to ensure that the document is complete.
6. The signer must fax or send by electronic means the signed document requiring notarization to the Notary no later than the day, and the Notary must send the completed notarized document back to the signer by fax or electronic means within 24 hours.
Notaries may use an electronic or remote notarization platform that meets industry standards and each of the requirements provided by the Governor’s Executive Order.

10/05/2017

A new law aiming to protect purchasers of real estate on contract or contracts for deeds goes into effect January 1, 2018. Section 20 of the new Illinois law requires sellers to record their contracts within 10 days of the sale. If the contract is not recorded, the buyer has the right to rescind it until it is recorded. If the contract is unrecorded and title to the property becomes clouded, then the buyer can rescind the contract for deed for up to 90 days after discovering the title defect even if the contract has been subsequently recorded.

Another provision makes the Illinois Consumer Fraud Act applicable to lawsuits for violation of the new law. That opens the door for attorneys fees of the purchaser to be paid by the seller under contract, if the purchaser prevails in the law suit. Other provisions of the law makes the seller responsible for certain expenses such as the payment of General Real Estate Taxes, if the responsibility is not clearly attributed to purchaser under the contract.

A lot more details will be made public by the Illinois Attorney General soon as the Attorney General is responsible under the new law to develop a disclosure form that must be used with all contracts for deeds when the law goes into effect. Stay tuned!

02/11/2015

For homeowners under water, this is big: In bankruptcy section 1322(b)(2) basically says the bankruptcy Court is powerless to modify the mortgage of your homestead, but not that of a vacation home or a boat for that matter. Along comes a very smart judge and decides a case saying: "1322(b)(2)’s limitation on modification “does not apply when the creditor has an additional security interest in collateral other than the real property in which the debtor resides because section 1322(b)(2)’s express terms cover claims secured only by a security interest in the debtor’s principal residence.” Decision by Hon. Judge Black in Fini case.
Meaning if your mortgage document language extends the mortgage beyond your home alone, to attachments that may be considered personal property, a chapter 13 may even allow you to "cram down" reduced payments and strip down the mortgage of your home. Read your mortgage, or let your lawyer do it for you! The bank's excessive greed may mean the salvation of your home! Ironically, the Fini case may mean "Fini" to mortgage payments in excess of the value of your home! Even without "Fini" you may be allowed to strip off the second mortgage on your home!