Sometimes, the easiest and best solution is not a legal one

Q. We live in Belvedere and have very few ordinances relating to property upkeep and maintenance. There are the standard things like grass/weed height, garbage cans that must be concealed after pickup, time limit on cars being parked on the street without being moved and the like.

We live in a newer subdivision (no homeowners association) of homes in the mid-upper value for our area. Our "neighbors" moved in about 2 years ago and constantly have kids toys strewed all over the front yard, cannot/do not use the garage for cars because it is filled from top to bottom/front to back with "stuff," use bright colored sheets draped over the front windows as curtains, have shovels, rakes, hoses etc., laying around the front yard, leave garbage cans out days after pickup and the list goes on.

The back yard is equally as bad but it is behind a fence - we can see the back yard from our second floor and it's just full of junk and trash! The rest of the homes are well maintained, have nice yards and landscaping.

Is there anything legally that can be done to "encourage" our neighbors to bring their property to the standard of the rest of the houses? For the things that do have ordinances, we call the city to enforce. We believe the lack of maintenance and upkeep devalues the adjoining properties and if we were to put our house on the market we believe they would have an effect on the price we set and accept. How does one prove they are a "nuisance?"

A. You're writing me for a legal solution to your problem and although I will offer what I can, the better solution probably has nothing to do with the legal system.

It sounds like you have investigated the village code for potential infractions. Have you attended any village meetings, which are usually held at least one evening per month? One of the purposes of these meetings is to give the residents a forum to air grievances or make suggestions. If you appeared with pictures evidencing the condition you write about, perhaps that would motivate the village board to tighten up the village code. The more of you that appear from the neighborhood will add strength to your position.

Of course, the best solution is to have your neighbors address the problem without encouragement from the village. If they felt more included in the neighborhood, perhaps they would be more concerned about what their neighbors thought. Invite them over for a beer on a Sunday. You may be surprised at the result.

Q. I am the only person on the title to my home, which I have lived in for 14 years, but I am not on the loan. The person on the loan and I were in a long-term relationship and he intended to pay the loan off in full. That is why he did not want me on the loan so I would not be responsible. The problem now is due to circumstances; we are not in contact. I have been paying all the bills myself, including the mortgage, PMI (private mortgage insurance) and association fee in addition to all other bills.

I cannot get the PMI removed from the loan as I am not the person on the loan. I intended to refinance so the loan is in my name, and I am told there would not have been a problem before but there is a "continuity of obligation" clause that means if you refinance, the person on the old loan has to be on the new loan.

Of course, there are some mortgage brokers who have told me I can do a cash refinance for a higher rate or I can pay the home off and then take a loan for the money I spent, etc., etc. I don't know what to do.

I would probably need to have the person on the loan sign a form to get the payoff papers. My question is: Should I consider putting my home up for sale, and starting fresh with my name on the loan and the property, even though this is not the best time to sell? If I do sell the home, do I have any concern that proceeds of the home sale is not mine alone, because he is still on the loan? Do I still try to refinance with the rates going up now and what appears to be a more difficult refinance?

The mortgage due on the home is $93,000. The home is appraised today at $275,000. I would like to have some peace in my life now and move on and feel secure in my home.

A. If you can qualify for a $93,000 loan to pay off the old loan, that would be your best option. As it stands now, you are making the payments but are not receiving the tax benefit that paying mortgage interest provides. In addition, it is absolutely ridiculous to be paying PMI under these circumstances. Also, you are not building any credit history.

I am not a loan officer, but I do not understand why you simply cannot pay off the old loan with a new loan in your name.

As for receiving the cooperation you need for a payoff letter, I have to believe the current mortgagor (your ex) would be elated to have you refinance him out of this property. As it stands now, if you fail to make any payments, his credit is adversely affected. No one likes their credit health so dependent on another's actions.

As for who owns the property, if you are solely in title, you own the property. The fact that the mortgagor has a loan on the property does not affect title.

Attorney Tom Resnick's column appears every other week in Homes Plus. Send your questions to Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, by e-mail to tdr100@hotmail.com or call (847) 359-8983.