Section Newsletters

Articles on Real Estate

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.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Real Estate Law, February 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.
Case Summary: Channon v. Westward Management, Inc. By Erica Crohn Minchella Real Estate Law, January 2023 Channon v. Westward Management, Inc. denies a private right of action for condominium unit owners to sue association management companies for charging excessive fees for the production of documents under 22.1 of the Condominium Act.
‘Danger, Will Robinson’: Another Caveat Lawyer Real Estate Law, January 2023 A note on the special warranty deed law that went into effect on Jan. 1, 2023.
Fourth District Holds That Contractor’s Unsuccessful Mechanic’s Lien Action Does Not Bar a Subsequent Breach of Contract Against the Contractor Under Res Judicata By James Noonan Real Estate Law, January 2023 A summary and analysis of Young v. Wilkinson.
Illinois Estate Tax and Real Property: Best Practices for Residents and Non-Residents By Luke E. Harriman & Angelica F. Russell-Johnson Real Estate Law, January 2023 This article discusses how real estate is treated for Illinois estate tax purposes, highlights some counterintuitive results based on this treatment, and provides recommendations for holding real estate in a tax-efficient manner.
Key Changes With the 2021 ALTA Owner’s Policy By Paul Peterson Real Estate Law, January 2023 The American Land Title Association has issued its new 2021 policies, commitments, and selected endorsements.
Are You Representing a Green Card Holder Seller or Buyer? Real Estate Law, December 2022 A reminder for real estate practitioners reprenting clients who are lawful perfmanent residents.
Are Your Tenant Clients Facing Immediate Eviction? Some Help Is Still Available Real Estate Law, December 2022 A reminder from the Illinois Housing Development Authority.
Caveat Lawyer! Real Estate Law, December 2022 A reminder to never assume the terms, provisions, conditions, or requirements of a contract with which you are not familiar.
New Relationships for Title Agents By Laura Lundsgaard Real Estate Law, December 2022 In recent years, a new party has been introduced to closings: the third-party title agent.
2 comments (Most recent January 17, 2023)

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