Subject Index Real Estate Law

Three Title Insurance Traps for Real Estate Lawyers

By Michael J. Rooney
March
2012
Article
, Page 146
Closing protection letters, the Form DS-1 disclosure, and key 2010 revisions to the Rules of Professional Conduct are potential pitfalls for real estate lawyers.

Homestead and the “Purchase Money Mortgage” Exception

By Joseph R. Fortunato Jr.
January
2012
Column
, Page 52
When only one spouse takes title to the house, must the other sign the mortgage?

The Transfer on Death Instrument Comes to Illinois

By Charles G. Brown
December
2011
Article
, Page 618
Effective January 1, Illinois law gives your clients a convenient way to transfer residential real estate outside of probate. Here's a review of the new law by one of its drafters.
2 comments (Most recent December 2, 2011)

New scams target real estate lawyers

By Helen W. Gunnarsson
November
2011
LawPulse
, Page 550
Scammers are using smartphones and apps to steal home-sale proceeds.

Active Duty Military: A Special Class of Distressed Homeowners

By Steven B. Bashaw
October
2011
Column
, Page 532
Being forced to sell a home in this economy is a recipe for financial misery.

2011 Spring Session Legislative Roundup

By Jim Covington
August
2011
Column
, Page 392
A summary of key legislation from this year's session.

Statute of repose bars legal malpractice claim

By Helen W. Gunnarsson
August
2011
LawPulse
, Page 382
A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.

The New Chicago Condominium Conversion Ordinance

By Joseph Fortunato
July
2011
Column
, Page 366
It protects renters whose apartments are being converted and buyers of the new condos.

How to Be a Good Closer

By Helen W. Gunnarsson
June
2011
Cover Story
, Page 290
In baseball and residential real estate practice alike, it often comes down to the last inning when a lights-out closer can make the difference. Here are tips from veteran lawyers about what you might encounter at a real estate closing and how to handle it.
2 comments (Most recent June 3, 2011)

K. Miller: The Supreme Court and the Home Repair and Remodeling Act

By Barbara A. Farrell
June
2011
Article
, Page 302
The Illinois Supreme Court interpreted the old Home Repair and Remodeling Act in light of the newly amended version and rendered a contractor-friendly decision.

New regulations for real estate licensing

June
2011
Illinois Law Update
, Page 286
The Illinois Department of Financial and Professional Regulation recently repealed and replaced the majority of the Real Estate License Act of 2000 with an updated and reorganized version. 68 Ill Adm Code 1450.

Unpaid Condominium Assessments - Who’s on the Hook?

By Joseph R. Fortunato
April
2011
Column
, Page 208
To what extent are purchasers of a condominium unit at a foreclosure sale liable to an association for unpaid assessments?

Can civil partners hold property as tenants by the entirety?

By Helen W. Gunnarsson
March
2011
LawPulse
, Page 118
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Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration

By Shorge Sato
March
2011
Article
, Page 144
The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.

Are Nonprofit Hospitals Charitable Institutions?

By Antonio Senagore
February
2011
Article
, Page 96
Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.

Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248

January
2011
Illinois Law Update
, Page 16
Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).

Distressed Homeowners Need Lawyers, Not Legislation

By Steven B. Bashaw & Joseph R. Fortunato
January
2011
Column
, Page 44
Those faced with foreclosure need legal advice, not more legislation.

Property owners can seek tax reimbursement for annexed properties. PA 096-1351

January
2011
Illinois Law Update
, Page 16
Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.

Transfer fee covenants prohibited. PA 096-1345

January
2011
Illinois Law Update
, Page 16
The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.

Changes in forms of property tax payment. PA 096-1250

October
2010
Illinois Law Update
, Page 508
The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).

Foreclosure and Divorce - Borrower’s Rights in the Face of Two “Wrongs”

By Joseph R. Fortunato & Steven B. Bashaw
October
2010
Column
, Page 544
Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?

The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures

By Kevin M. Hudspeth
October
2010
Article
, Page 520
Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?

The New, Improved Home Repair and Remodeling Act

By Adam B. Whiteman
September
2010
Article
, Page 462
ISBA-inspired changes specify that a homeowner's remedy for an HRRA violation is to sue under the Consumer Fraud and Deceptive Business Practices Act.

Reinstatement of real estate license. PA 096-0989

September
2010
Illinois Law Update
, Page 452
The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 

Tenancy by the entirety gets a boost

By Helen W. Gunnarsson
September
2010
LawPulse
, Page 446
Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.

2010 Spring Session Roundup

By Jim Covington
August
2010
Column
, Page 404
A summary of key Illinois legislation passed this spring.

ABN AMRO: A victory for the foreclosed-upon

By Helen W. Gunnarsson
August
2010
LawPulse
, Page 394
The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.

Real estate lawyers: beware short-sale fee agreements

By Helen W. Gunnarsson
August
2010
LawPulse
, Page 394
A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.

The Foreclosure Explosion: How Illinois Courts Are Responding

By Joseph R. Fortunato & Steven B. Bashaw
July
2010
Column
, Page 380
How judges, lawyers, and litigants in Chicagoland are responding to the foreclosure crisis.

ISBA Opinion 10-02 Reins in Real Estate Brokers

By Peter J. Birnbaum
April
2010
Column
, Page 212
This new ethics opinion is good news for real estate lawyers, the author contends.

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