REAL ESTATE

We represent owners, investors, sellers, buyers, developers, lenders, architects, contractors, tenants and landlords in all aspects of the purchase, sale and leasing of real estate, including the structuring, financing, tax planning, negotiation, documentation and closing of transactions of all levels of complexity.

Lease Disputes

Disputes relating to a commercial lease can dramatically affect your business operations, including where and how you do business. We are familiar with reasonable and customary lease provisions, and can assist you in commercial lease disputes involving:

  • Breach of commercial lease
  • Owner, landlord or tenant litigation
  • Unlawful detainer actions
  • Interference with commercial lease
  • Unauthorized or unfair tenant activity
  • Default or non-payment of rent
  • Notices
  • Options to renew a lease
  • Lease language terms/provisions
  • Common Area Maintenance (CAM) charge disputes
  • Damage claims
  • Real estate fraud
  • Title insurance claims
  • Signage or advertising restrictions

Receiverships

We have extensive experience representing receivers appointed to preserve and maintain distressed properties. If you have been appointed as a commercial real estate receiver, your rights and obligations are largely dependent on the court order that appointed you as a receiver. One of the most important duties of a receiver is to maintain independence from other parties, including debtors and creditors. We can help you remain impartial by acting as your conduit to the parties of the underlying litigation and to the court. As your lawyer, we will help you communicate with the parties and protect you from outside interference. We offer knowledgeable advice and legal guidance to receivers and have helped creditors appoint receivers to oversee commercial property. We also assist receivers with eviction proceedings, rent collection, and lease negotiations.

Commercial Foreclosures

There are no cookie cutter commercial foreclosures. Each commercial foreclosure must be approached with an open mind and creative problem solving. Commercial foreclosures can be quite complex and involve the rights of tenants, assignments of rents, UCC liens on equipment, furniture, goods and other items of personal property not connected to real estate. Our firm represents banks and other institutional investors and lenders in connection with commercial loan enforcement proceedings and loan workouts. We have advised clients in connection with the foreclosure and/or bankruptcy of income producing properties such as apartment complexes, hotels, and office buildings.

Forcible Entry and Detainer/Eviction

A Forcible Entry and Detainer is an action that a landlord or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. We represent property owner clients in retaking possession of real estate.

This process is typically started with the tenant/occupant receiving a written demand to pay rent or vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or an owner is being foreclosed upon. The statutes provide for a short notice period before a court hearing.

The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer. The court will enter an order directing the tenant/occupant to vacate within a certain time period, which is typically up to 30 days for residential properties. After that period has expired, the Sheriff's office can then evict the tenants/occupants, remove their personal property and give the rightful owner possession and control of the property.

Closings

For many people, the purchase or sale of a home will be the single largest financial transaction of their lives. Having an experienced lawyer on your side can help you avoid unnecessary stress now and problems in the future. Our clients include buyers, sellers, developers, landlords, tenants, lenders, brokers, and investors. We will advise you on the legal aspects of purchasing and selling residential real estate, and we aim to achieve the best possible outcome by acting as advocates for our clients. If you are buying or selling a home, protect your rights by retaining an experienced attorney. We provide the following services:

  • Review of your purchase and sale agreement
  • Assistance in the home closing process
  • Analysis and negotiation of mortgage fees
  • Assistance and advice regarding the home inspection process
  • Assistance in determining an appropriate listing price
  • Working with title companies to clear any title issues

Representative Cases

The First Commercial Bank v. 3501 Adams, LLC
Case No. 10 CH 20785 – Circuit Court of Cook County, Illinois
Defended mortgagor in commercial foreclosure action, pursuing counterclaims for fraud and misrepresentation in the mortgage transaction.

2010 N. Halsted, LLC v. Natural Wellness USA, Inc.
Case No. 2010 L 2867 – Circuit Court of Cook County, Illinois
Defended defaulting lessee in action for termination damages arising under commercial lease.

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