Monday, June 22, 2020
Illinois Eavesdropping Act - Do you have cameras in your home or a Ring doorbell?
11:48 am cdt
I've had a few instances where I have had clients either list
their home or view a home with security or nanny cameras or a Ring (or other similar) doorbell and comment on being recorded,
or having recorded a showing. So what does the Illinois Eavesdropping Act say about these situations?
The Illinois Eavesdropping Act says that a person violates the law when they secretly
use an eavesdropping device to listen in on or record all or part of any private conversation without the consent of the conversation's
participants. Furthermore, the law prohibits the use of the information received from that conversation.
So what does that mean if you are listing your home and you have a
Ring doorbell or security cameras?
been any court ruling or case law that I have found, as of the date of this article, to give a specific answer. The Mainstreet
Organization of Realtors has also provided its members with a disclosure sheet which can be signed by the parties at showings
to disclose that they may be being recorded.
who is viewing a property who may have a Ring doorbell or other cameras should be aware that they may be being recorded. Keep
in mind that devices such as the Ring doorbell can record you even as far as the street, both video and audio. Beware of having
any private conversations with your Broker until you are away and out of earshot of the property.
My recommendation would be that the Seller disclose and receive consent from the
Buyer for any recording taking place on their property, or turn off all recording devices prior to the showings.
For more information on this, consult your lawyer or real estate broker.
Tuesday, June 9, 2020
How Have Closings Changed?
1:50 pm cdt
Many people have asking me how closings are taking place since the COVID-19 pandemic has begun. The
easy answer is, they are still taking place, and for the most part, they are taking place mostly like they were before.
The only real difference now is the number of people that may be attending the closings. Most title companies
are asking that only the essential people (i.e. the buyers that need to sign closing documents at the table) attend closings.
That means, real estate agents are no longer there to lend moral support or help with last minute questions. That also means
that real estate attorneys for both buyers and sellers are for the most part not attending closings, either.
For representing the Seller, it is not that huge of a change. Sellers normally presign their closing documents
and do not attend anyway. Seller's attorneys may or may not customarily attend their closings, because most, if not all, of
the work for their side is already done. Seller's attorneys can either remotely sign or pre-sign what needs to be done at
closing as well.
For representing the Buyer, things are different, but I don't feel it's
had a huge impact on my closings. I have been doing all of my closings remotely since the beginning of March. I am in constant
communication with the lender, title company and Seller's attorney about closing prior to the closing even if I do attend,
so all I am doing now is getting copies of ALL documents that my buyers will see on the table, in the same order, sent to
me securely prior to the closing.
When the buyers get to closing, I'm either FaceTiming
or phone conferencing during the signing with them, giving my spiel, going through documents, answering questions, and doing
all the same things I would normally do as if I were present at the table. We still get to have the same level of communication
that would happen if I were sitting there. If you have questions about this, I'm always happy to discuss it further.
Friday, June 5, 2020
More great reviews!
Just so excited and happy for the two new awesome reviews I had posted on Yelp! this week. I work so
hard to keep my five star rating there solid, and the good things that my clients have to say about me mean so much. You can
click here to see them. Have a great and safe summer weekend!
4:43 pm cdt
Wednesday, May 13, 2020
Reviews, reviews, reviews
10:51 am cdt
Any day that I can wake up to this notification is a good
day! :) Reviews are such an integral part of my business. I rely on them almost solely for keeping my business going. Thank
Hi Rachell Horbenko,
You received a review on Redfin Open Book from your customer, Matthew, for the
property located in Lake in the Hills
Comments: "Rachell was fantastic. Always available for questions
and great at getting the right outcome."
Tuesday, May 5, 2020
May - Is This the Longest Year Ever or What?
We survived April. Yay for us! It's May. Illinois is still under quarantine, it looks like, until near
the end of the month. Real estate is slow but happening. We're doing everything virtual now, even closings. I've done a number
of closings since the shelter-in-place order has taken effect and it's been effective. I do miss seeing people's faces and
being able to explain things in person. You can still buy and sell homes during this time. It's not the normal procedure but
it's not terrible. I'm here to answer any and all questions that you have. Drop me a line and stay safe and healthy!
11:45 am cdt
Thursday, April 16, 2020
State of Illinois Approves Remote Notarization for Estate Planning Documents
11:33 am cdt
On March 26,
2020, the State of Illinois issued an Executive Order addressing the issue of executing documentation while maintaining proper
social distancing. Section II of the order states “During the duration of the Gubernatorial Disaster Proclamation…any
act of witnessing required by Illinois law may be completed remotely by via two-way audio-visual communication technology…”
There are several procedures
for this section of the order, as outlined below:
Procedures for Remote Witnessing:
- The audio-visual communication must allow for contemporaneous video and
audio communication between the signatory and the witness.
- The communication must be recorded and preserved for at least three years.
- Both the signatory and the witness must state they are
physically located in the state of Illinois at the time of signing.
- The signatory must affirmatively state what document they are signing.
- Each page of the document must be shown to the witness in a clear, legible
way and initialed by the signatory in the presence of the witness.
- The act of signing must be captured in close up for the witness to observe.
- The signatory must fax or email a legible copy of the
signed document to the witness within 24 hours of the original signature.
- The witness must sign the transmitted copy and fax or email their witnessed
document to the signatory within 24 hours of receipt.
- The witness may sign the originally signed document as of the date of the original date of execution
if the witness receives both the electronic and original copy within thirty days of the remote witnessing.
Friday, March 27, 2020
Remote Notary Bill
11:35 am cdt
In light of the current pandemic, the state of Illinois has passed a Remote Notary Bill to allow
business to continue as usual for those documents that need notarization.
can be found here: https://www.cyberdriveillinois.com/departments/index/notary/executiveorder2020-14.pdf
Also a guide for notaries has been published to give notaries direction on what
actions to take during this time.
Please stay at home, and stay healthy and safe.
Tuesday, February 25, 2020
February Is Almost Over!
The month of February was a fast as January was slow. Can you believe March is around the corner? I
have one last week of estate planning specials running until March is here and the real estate market gets really crazy. Drop
me an email today. If you have stuff, kids or pets, you need a plan!
3:25 pm cst
Thursday, February 6, 2020
Estate Planning Is A Hot Commodity
I have gotten so many calls in the last month about preparing wills and trusts. But the Super Bowl is
over, and you know what that means - the real estate market is heating up too! Luckily, I can help you with both. Still running
those deals on estate planning, and if you do buy a new house, or sell your old one, why not update your plan?
3:29 pm cst
Thursday, January 9, 2020
Do you have a plan?
This is the time of year to make resolutions. Some you'll be able to keep, some maybe not. Do you have
a plan for what happens when something happens to you? If you have kids, pets, money or stuff, you need a plan. I'm running
a bunch of specials this month on estate plans for all. E-mail me to find out what is best for you.
3:55 pm cst