Articles on Real Estate

Here’s a Thought: A Conversation About Title Insurance Legislation By Joseph W. Rogul & Michael J. Rooney Real Estate Law, March 2022 A conversation between two Real Estate Law Section Council members about title insurance legislation.
1 comment (Most recent March 17, 2022)
Real Estate Litigation: Traps for the Unwary By Richard Rappold Real Estate Law, March 2022 Two recent Illinois Supreme Court cases highlight a trap for the unwary regarding service of process in Cook County.
15 Illinois Sites Added to the National Register of Historic Places Last Year Real Estate Law, February 2022 The Illinois Department of Natural Resources has released a list of the 15 locations added to the National Register of Historic Places in Illinois in 2021
How Does This Work? And If You Were Examining Title, What Would Your Opinion Say? By Michael J. Rooney Real Estate Law, February 2022 Title examiners have a particular point of view on a variety of activities that impact the status of real estate titles. 
New Fannie Mae Condominium Underwriting Addendum: Speculations on Issues for Owners, Buyers, Lenders, Associations, and Developers By Paul Peterson Real Estate Law, February 2022 The new Fannie Mae loan underwriting requirements for condominium and co-op units are designed to foster homeowner sustainability.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya Real Estate Law, January 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.
Sellers Can Sue Over Excessive Fees for Section 22.1 Condo Disclosures By Joseph R. Fortunato Real Estate Law, January 2022 The case of Channon v. Westward Management, Inc. involved a suit by a condominium unit owner against a property manager for excessive and unreasonable fees to provide the owner with documents and other information that unit owners are required by the Illinois Condominium Property Act to provide to prospective purchasers.
Liens Against Decedent’s Real Estate By Leonard Berg Real Estate Law, December 2021 A look at whether a lien filed against a decedent's real estates provides the creditor any security.
Rollin’ on the River: WWJD? By Michael J. Rooney Real Estate Law, December 2021 In June, the appellate court handed down a decision in a case involving the Mazon River, finding that river non-navigable and upholding the rights of owners of real estate that bordered the river to prevent the public from using the river because that was a trespass on their land that included a portion of the river.
Uniform Easement Relocation Act Approved & Published, May Be Introduced to Illinois Legislature in 2022 By George D. Maurides & Ted M. Niemann Real Estate Law, December 2021 The Uniform Easement Relocation Act was recently approved and published by the Uniform Law Commission, a Chicago-based non-profit organization that drafts model state laws on topics where uniformity between the states is perceived to be beneficial.
The Unintentional Demise of a Sales Agreement: A Cautionary Tale of the 7.0 Multi-Board Real Estate Sales Agreement By Philip J. Vacco Real Estate Law, December 2021 A look at one of the flaws of the 7.0 Multi-Board Residential Real Estate Contract.
1 comment (Most recent December 15, 2021)
Year-End Reminders Real Estate Law, December 2021 Important reminders for real estate practitioners as the end of 2021 approaches.
A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney Real Estate Law, November 2021 In a case of first impression in Illinois, an appellate court considered how a married couple hold title to real property when a conveyance to them as tenants by the entirety fails to create that estate and one of the grantees then dies.
Liens Against Decedent’s Real Estate By Leonard Berg Trusts and Estates, November 2021 A look at whether a lien filed against a decedent's real estates provides the creditor any security.
New Fannie Mae Condominium Requirements By Paul Peterson Real Estate Law, November 2021 Effective January 1, 2022 for all loans secured by units in condominiums and co-op projects with five or more attached units, regardless of the type of project review or review waiver, Fannie Mae has made new requirements of appraisers and lenders.
Practice Tip: Rental Assistance Programs By Laura Lundsgaard Real Estate Law, November 2021 Lawyers representing landlords or tenants are wise to be aware of the rental assistance programs available for tenants now that the eviction moratorium has expired.
The Forgotten Options in Defending Foreclosures By Jeffrey G. Liss Real Estate Law, October 2021 A look at section 15-506 of the Illinois Mortgage Foreclosure Law.
The Meaning of the Word ‘Contiguous’ By Michael J. Rooney Real Estate Law, October 2021 The Tax Increment Allocation Redevelopment Act and the annexation provisions of the Illinois Municipal Code provide two different meanings of the word "contiguous."
New Laws of Interest By Michael J. Maslanka Real Estate Law, October 2021 Summaries of recently enacted laws of interest to real estate practitioners.
Are Rumors of the Imminent Death of the Section 1031 Exchange Fact or Myth? By Donald Hyun Kiolbassa, JD,CPA Real Estate Law, September 2021 The 1031 exchange is a tax benefit that has been around for decades. While many administrations have attempted to topple this tax provision, they have failed.
Case Summary: Fair Price at Sheriff’s Sale By Robert Floss Real Estate Law, September 2021 In T2 Expressway, LLC v. Tollway, the appellate court was tasked with determining what constitutes a fair price at a sheriff’s sale.
Crawford v. Hayen: The Infamous Count VI By Michael J. Rooney Real Estate Law, September 2021 The first district appellate court published an opinion last November, Crawford v. Hayen, where the narrow and precise holding may be correct, but the opinion itself is highly suspect.
Real Estate Law Section Council Happenings By Joseph R. Fortunato Real Estate Law, September 2021 An imagined conversation between two Real Estate Section Council members about Schweihs v. Chase Home Finance, et al.
Notices Real Estate Law, July 2021 Important notices, updates, and tips for real estate practitioners.
Notices & Updates Real Estate Law, June 2021 Important notices, updates, and tips for real estate practitioners.
Protecting the House From Nursing Home Expenses By William S. Wilson Elder Law, June 2021 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.
Notices & Updates Real Estate Law, May 2021 Important notices, updates, and tips for real estate practitioners.
Did You Know? Real Estate Law, April 2021 Utah is the first state to allow law firms with non-lawyer owners and non-traditional legal service providers to operate.
Protecting the House From Nursing Home Expenses By William S. Wilson Business Advice and Financial Planning, April 2021 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.
Tackling Common Issues in a Residential Real Estate Transaction By Stephanie Garces Donat Young Lawyers Division, April 2021 A look at the importance of the attorney's role in any real estate transaction, practical tips to prepare for closing, and how to handle common issues you will encounter when a client is selling or purchasing residential property.

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