Subject Index Real Estate Law

On January 30, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the Circuit Court of Christian County awarding the plaintiffs $10,000 plus costs for the defendant's failure to provide the plaintiffs with a real estate disclosure statement. 

On December 26, 2007, the Illinois Appellate Court, Fourth District, reversed the holding of the Circuit Court of Sangamon County and remanded for renewed discovery and trial proceedings. 

 On October 4, 2007, the Illinois Supreme Court affirmed the opinion of the third district appellate court, holding that the plaintiff, Chris Malmloff, was not entitled to compensation from the tax deed indemnity fund. 

The Title Insurance Act has been amended to ensure that title insurance purchasers have a right to choose the title insurance company that will indemnify against loss arising from a defect in title to real property. 

On April 19, 2007, in a case that was remanded to the Illinois Supreme Court from the United States Supreme Court, the Illinois Supreme Court, effectively, affirmed its own prior decision, holding that the state and the purchaser of a tax deed had made sufficient efforts to give notice to the delinquent taxpayer.

The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's finding that the merger doctrine required a dismissal of the plaintiffs' claims because the evaluation of the tax credit at the time of closing was a matter of public record. 

Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 

On December 7, 2006, the Illinois Appellate Court, Second District, reversed in part the holding of the Circuit Court of Du Page County, which denied plaintiff Gacki's motion for summary judgment and granted summary judgment to defendants Raymond and Lori Bartels, because the plaintiff's claimed easement would impair or reduce the value of the servient estate.

On November 13, 2006, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of McHenry County, holding the circuit court abused its discretion by distributing a portion of the surplus funds from a sheriff's auction to the winner of that auction.

The Property Tax Appeal Board (Board) has added section 1910.79 and amended section 1910.95 of 86 Ill Adm Code 1910, effective September 29, 2006, in order to "streamline and expedite the appeal process" for appeals on property assessments of $1 million or more.

The Residential Real Property Disclosure Act (Act) required that the Department of Financial and Professional Regulation (Department) establish a database for its Predatory Lending Database Pilot Program (Database Program).