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All Forum Posts by: Emmett R. McCarthy

Emmett R. McCarthy has started 2 posts and replied 121 times.

Post: Looking for a good RE/Asset Protection Lawyer Near Chicago

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

Feel free to contact me, my partner can definitely help you with your needs. Thanks. 

I don't know the law in FLA on this point, but in IL a PERSON can always represent themselves (but remember "He who represents himself has a fool for a lawyer"), but a legal entirety (such as a HOA) must retain an attorney for court/pleadings.

A few of my clients use Windy City Management Group and have been happy, ask for Ron Ohr (312-578-1155), use my name as referral. Thanks. 

Post: Carl Ghiselli - real estate in Indianapolis, living in London!

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

@Carl Ghiselli, let me know if you need anything. Currently, I am only licensed in IL but have had some large clients ask me to become licensed in IN so I am working on that. Thanks!

Post: Trying to figure out what to do?

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79
Assuming you feel competent enough to undertake these types, I would spend a lot of time researching which states/counties to invest in. Some states (such as IL, where I practice) are very tax buyer friendly (clear title on deeds, good returns on redemptions, ways to get your money back on "bad" properties), and others are not (low returns, no opportunities to get your money back, the need to file a quiet title action after getting a deed). Good luck!

Post: Carl Ghiselli - real estate in Indianapolis, living in London!

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

Welcome! I am new to this forum as well. I am a real estate attorney in Chicago and have a heavy practice in real estate tax sales, tax deeds, REO properties, distressed properties and related areas of litigation. I have lots of clients looking to buy and sell the above. This forum is a great way to connect and share experiences. Good luck!

Post: Tax Lien Certificate is past redemption ... How to Foreclose?

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

As noted above, it's best to find an attorney who practices in the state (and possibly the county) where the property is located. In Illinois, the petition for tax deed must be filed in the circuit court and the other legal requirements performed between 6 and 3 months BEFORE the redemption period expires. Although, in Illinois a tax deed is considered "new and merchantable title" and you do not need to file a quiet title action and can get an order of possession from the court that entered the order for tax deed.

Post: Help with a Chicago tax lien property

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

If the property was offered at a annual tax sale and no one bid on it, it is considered "forfeited." Such properties can be purchased via a forfeiture sale, commonly known as an over the counter tax sale. It is difficult to get information on these types of properties and tax sales through Cook County or it's websites.

Post: Question on foreclosures and/or Tax Deed Sales

Emmett R. McCarthyPosted
  • Attorney
  • Chicago, IL
  • Posts 142
  • Votes 79

Rolly, the law differs quite a bit from state-to-state. If you are looking to invest in Illinois (a tax buyer friendly state), I am happy to help you out. For more information about tax sales in Illinois, please visit our website at www.flamm.com. Thanks and good luck.

For any investors reading this post, note that IL is also a tax deed state. Tax deeds in IL wipe out prior interests in the property and convey "new and merchantable title." Moreover, the court that enters the order for tax deed will also enter the order for possession so there is no need to go to eviction court (called forcible entry & detainer court in IL). Tax sale and tax deed law in IL is my primary practice area. If anyone is interested in IL tax sales, feel free to contact me and/or use our website as a reference: www.flamm.com. Good luck out there.