Section Newsletters

Articles on Real Estate

General Assembly Bills Reviewed by the ISBA Real Estate Law Section Council By Paul Peterson Real Estate Law, October 2023 Summaries of bills reviewed by the Real Estate Section Council that have become public acts.
Don’t Forget Real Estate Law, September 2023 Reminders for members of the ISBA Real Estate Section Council.
Effect of Judgment Lien on Death of Joint Tenant By Emily R. Vivian Intellectual Property, September 2023 The appellate court recently held that because a joint tenant’s interest in property terminates upon his death, a judgment lienholder cannot foreclose the judgment lien against such property after the joint tenant’s death.
An Overview of the Illinois Electric Vehicle Charging Act By Nicky Sonntag Real Estate Law, September 2023 Thanks to the recently enacted Electric Vehicle Charging Act, owners and tenants of residences in certain types of residential buildings constructed after January 1, 2024, will have the right to install and use charging equipment for electric vehicles if certain conditions are met. 
Residential Real Property Disclosure Act Amended By Philip Vacco Real Estate Law, September 2023 A summary of the recent Illinois Residential Real Property Disclosure Act amendments.
1 comment (Most recent September 29, 2023)
A Fork in the Road: Illinois Supreme Court Adopts the Partial Breach Doctrine in PML Development, LLC v. Village of Hawthorn Woods, 2023 IL By Walter Adams Real Estate Law, August 2023 A summary and analysis of PML Development, LLC v. Village of Hawthorn Woods.
In re Application of the County Treasurer v. DG Enterprises By Philip J. Vacco Real Estate Law, August 2023 The appellate court was asked to determine whether the circuit court erred when it vacated its earlier order granting a petition for a tax deed in In re Application of the County Treasurer v. DG Enterprises.
Justices of the Seventh Circuit Court of Appeals as Law Professors By Michael J. Rooney Real Estate Law, August 2023 Practice tips derived from Guerrero v. Howard Bank.
Recent Illinois Property Tax Cases By Timothy Moran State and Local Taxation, August 2023 Summaries of two recent Illinois property tax cases.
An Exploration of Noncitizens’ Rights to Hold Property in Illinois By Carlos Cisneros Vilchis Real Estate Law, July 2023 Most property rights affecting noncitizens are determined at the state level, usually by legislation.
New Law: Public Act 103-0132 Real Estate Law, July 2023 The amended text of the Landlord and Tenant Act.
Practice Tip Real Estate Law, July 2023 A practice tip for real estate practitioners.
Practitioner Reminder: Illinois Housing Development Authority’s New Homebuyer Assistance Program By Nicky Sonntag Real Estate Law, July 2023 The Illinois Housing Development Authority has a new homebuyer assistance program offering a flat $10,000 towards a qualifying borrower's home purchase.
When the Owner of the Servient Estate Just Doesn’t Want to ‘Get It’ By Michael J. Rooney Real Estate Law, July 2023 A recent Illinois appellate court case restates what is basic to most real estate practitioners: An access easement appurtenant allows the folks owning the dominant estate to use a portion of the premises that are the servient estate to access other property.
From Where Do State and Local Government Entities Get Authority to Take Private Property for Public Use and What Rights Belong to the Property Owners? By Sharon L. Eiseman Real Estate Law, June 2023 State and local government agencies in need of new or updated public works projects for their various communities may need to acquire private property to implement such projects
The Negotiation Process a Government Entity Must Follow, Pursuant to State Statute, in Seeking to Acquire Private Property From Its Owner for Public Use in a Construction Project for the Benefit of the Public By Sharon Eiseman Real Estate Law, June 2023 In the typical situation where a state agency is seeking to acquire all or part of a piece of real estate that is privately owned, a negotiation process must be followed in keeping with a statutory mandate found in the Illinois Compiled Statutes.
Notices Real Estate Law, June 2023 Important updates of interest to real estate practitioners.
Salient Points From Reverse Mortgage Funding, LLC v. Catchins, et al., 2023 IL App (1st) 221197 By Michael J. Maslanka Real Estate Law, June 2023 A brief summary and analysis of Reverse Mortgage Funding, LLC v. Catchins, et al.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Senior Lawyers, June 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
Blockchain and AI: Revolutionizing Illinois Real Estate Practice By Mazyar M. Hedayat Real Estate Law, May 2023 How blockchain and artificial intelligence are revolutionizing real estate practice in Illinois.
Overview of Bulk Sales Laws for Commercial Real Estate Transactions By Nicky Sonntag Real Estate Law, May 2023 To avoid later disputes between parties, issues related to obtaining bulk sales releases, payment of taxes owed by the seller, and the creation of any escrow required for payment of the bulk sales taxes should be addressed and negotiated in the terms of the purchase and sale agreement.
1 comment (Most recent May 17, 2023)
Cash Deals: How Do I Love Thee? Let Me Count the Ways By Colleen L. Sahlas Real Estate Law, March 2023 Eight reasons a cash deal beats financing for buyers and sellers in a residential real estate transaction. 
Floating Easements Don’t Always Float: The Dilemma By Ted M. Niemann Real Estate Law, March 2023 In the event your Illinois real estate practice involves representing clients who purchase, sell, or develop retail shopping centers, industrial subdivisions or farm real estate, you may encounter floating easements.
FYI Real Estate Law, March 2023 A summary of the Real Estate Section Council's recent legislative vote tally.
Second District Appellate Court Holds That Bankruptcy Does Not Extend the Redemption Period to Pay Delinquent Taxes Under the Revenue Code By James V. Noonan Real Estate Law, March 2023 A summary and analysis of In re County Treasurer & Ex Officio County Collector of Lake County.
The Escrow Dilemma: Handling Earnest Money and Escrow Holdbacks By Bob Floss, II Real Estate Law, February 2023 With the recent and sudden decline in real estate brokerages holding earnest money, it is not uncommon for realtors to ask an attorney to hold earnest money.
Local Governance of Rental Communities in Cook and Collar Counties Via RTLOs That Identify Rights and Protections of Tenants vs. Landlords By Sharon L. Eiseman Real Estate Law, February 2023 An overview of the ordinances in Chicago and suburban Cook County that identify the rights and responsibilities of landlords and tenants.
A New Statutory Special Warranty Deed—and More By Richard F. Bales Real Estate Law, February 2023 The real estate attorney now has three options when it comes to preparing and accepting special warranty deeds—two statutory deeds and a customized deed.
Practitioner Reminder: Publication of the Federal Reserve Board’s Final Rule on LIBOR Benchmark Replacements By Nicky Sonntag Real Estate Law, February 2023 The London Interbank Offered Rate—used in consumer and business loans, bonds, securitizations, and nonfinancial corporate contracts as a benchmark interest rate in financial transactions—is being discontinued.
The Real Estate P.O.A. By Michael J. Maslanka Real Estate Law, February 2023 Many real estate attorneys have their clients sign powers of attorney for property to allow the attorneys to sign various real estate transaction documents for them. If this occurs, the attorney must be aware of some crucial points.

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