Kane County Short Sale, Estate Sale, and Probate Sale Attorney

That approval is not automatic and is not on the buyer’s five-Business-Day inspection clock. Lenders often ask for a hardship package, a listing history, a settlement statement, and time to review a buyer’s offer. The contract should say, in writing, that the sale is subject to lender approval, what happens to deadlines while that review is pending, and what happens to the earnest money if the lender declines or delays past an agreed date. We do not quote a typical lender turnaround here; it varies by servicer and loan type.

Multi-Board 8.0 attorney review still generally runs five Business Days after the Date of Acceptance unless the parties change it. Inspection rights, if selected, are a separate track, described on our inspection and repair requests page. A short-sale rider should not be allowed to silently waive those protections unless that is a decision the client has made. Title work should flag junior liens, judgments, and HOA amounts that a lender approval letter may not cover.

Estate and probate sales: who has authority to sign

A home that is part of a decedent’s estate cannot be conveyed by a relative’s signature alone. Someone must have legal authority — typically an executor or administrator acting under letters of office, or a person named in a deed or trust that already controls the title. We start by reading the title commitment, the will if there is one, and the letters, not by assuming a family member can sign.

Under independent administration, the Illinois Probate Act gives an independent representative broad powers to sell real estate without a court order, except that real estate specifically bequeathed may not be leased, sold, or mortgaged without the written consent of the legatee (755 ILCS 5/28-8(i)). The representative still has to act reasonably for the best interests of the estate and consistently with the will.

If the estate is under supervised administration, a sale or mortgage of the decedent’s real estate generally requires leave of court, on terms the court directs, when it is necessary for the proper administration of the estate (755 ILCS 5/20-4). Real estate that was specifically bequeathed, or that the will directs not to be sold, may be sold or mortgaged only in the narrower circumstances stated in that section. The exact petition, notice, and later steps depend on the case. We verify those procedures in the court file rather than treating them as a single checklist.

Kane County probate and related civil matters are heard in the Sixteenth Judicial Circuit in Geneva. DuPage County matters are heard in the Eighteenth Judicial Circuit in Wheaton. The courtroom and caption on the notice control. Recording of the deed still goes to the Kane County Recorder in Geneva or the DuPage County Recorder in Wheaton, depending on where the property sits.

Earnest money should still be held and released under a written escrow arrangement. If a court order or a lender approval is a condition of closing, the contract should say so, so the deposit is not fought over later. See our earnest-money guide.

These sales often involve older Kane County homes, which raises the same permit, lead-based paint, and association issues described on our town pages and the Kane County residential real estate hub. They are not a substitute for a first-time-buyer page or a town page; use those pages for local checklists, and use this page for authority and approval issues.

Attorney Fees for Residential Representation

For typical residential seller representation when we also act as title agent, there is no separate seller attorney fee; we are compensated from title fees for title-agent services actually performed, and sellers still pay title premiums and other closing costs. If title is not handled through our agency, a separate seller attorney fee applies. For typical residential buyer representation, we charge a flat $400 legal fee paid at closing.

Related Pages

Related guides: the attorney review period, the earnest-money guide, closing costs and transfer taxes, and the home seller attorney and first-time and Fox Valley home buyer attorney pages. County hubs: Kane County residential real estate and DuPage County residential real estate.

Attorney Advertising. This page is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every transaction is different, contract forms and local rules change, and prior results do not guarantee a similar outcome. Contact an attorney about your specific situation.