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Chapter 2 Info

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INFORMATION THAT WILL BE ADDED TO THE 4th EDITION
Any man made addition to the land is an improvement. Improvements can also be referred to as appurtenances.

In June of 2004, Chicago’s Fourth Presbyterian Church announced the sale of air right’s over the 90 year old gothic church on fashionable Michigan Avenue for $25 million to a developer that plans to build luxury condominiums over the church. 

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Another form of legal life estate that provides protection for a limited amount of equity in a home is called the homestead exemption. The purpose of a homestead exemption is for the debtor and his family to be financially able to secure the necessary shelter during difficult economic times. This exemption allows every Illinois resident an estate of homestead in the principal place of residence and extends to all owners residing in the property. An amount of up to $15,000 per individual but a maximum of $30,000 is protected from unsecured (general) creditors. The protection continues to exist as long as they live in the homestead residence. The exemption exists in Illinois without having to give notice or record a Declaration of Homestead as required in some states. Homestead rights are released or waived only in writing and with the signature of the individual or, if married, both spouses. In chapter 3, we will discuss another homestead exemption pertaining to a reduction in real estate taxes. The two homestead exemptions are unrelated.

(The homestead exemption amounts have recently changed to $15,000 per owner residing in the property with a maximum of $30,000. The book will have the old amounts of $7500/$15,000.)

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PUTTING IT TO WORK

A person with bad credit cannot improve their credit by marrying someone with good credit. If a married couple finances a property and only one has good credit, the lender will make the loan to the spouse with the good credit, if they can qualify for the mortgage on their own, and have the spouse with poor credit waive their homestead rights.

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