Section Newsletters

Articles on Real Estate

Practice Tip Real Estate Law, February 2020 It may be a nice touch to your practice to remind sellers' attorneys to remind their former clients to make any and all exemption applications that they were obligated to make.
Residential Zoning Variance Request Denied: A Review of First American Bank, et al. v. Village of Wilmette, 2019 IL App (1st) 181436 By Joseph W. Rogul Real Estate Law, February 2020 The recently decided First American Bank v. Wilmette case presents a very good review and illustration of some of the general principles that courts will apply in determining whether to reverse a municipality’s decisions regarding applications by owners of real property for zoning variances in order to develop their land.
Service on Trustee: McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, 2019 IL App (3d) 170858 By Elisha Deen Sanders Real Estate Law, February 2020 A summary of McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, which considers whether the defendant was properly served.
Edson v. Fogarty: When Negligent Misrepresentations of Zoning by Seller’s Agent Give Rise to Buyer’s Claim for Damages By Sharon L. Eiseman Real Estate Law, January 2020 A summary of Edson v. Fogarty, in which the plaintiff discovered that the zoning classification of a commercial unit he had purchased was incorrect.
Illinois Court Holds That Acceleration Notice Sent by Certified Mail Was Insufficient By James V. Noonan Real Estate Law, January 2020 A summary of Deutsche Bank National Trust Co. v. Roongseang, in which the appellate court reversed the circuit court's entry of summary judgment and judgment of foreclosure in favor of plaintiff were reversed.
Legislative Update Real Estate Law, January 2020 A summary of legislative updates relevant to real estate law practitioners.
Practice Tip By Michael J. Maslanka Real Estate Law, January 2020 When representing a purchaser of real property, where mortgage financing is needed or involved, be sure to tell your clients to ask the lender to send copies of the documents that the lender expects the mortgagor/purchaser to sign at closing in advance.
1 comment (Most recent January 22, 2020)
Rule 105 Bars Amending the Complaint on Its Face to Seek New or Additional Relief By Adrian Zeno Real Estate Law, December 2019 A summary of Lamarca v. Che Ce Ce Corp., in which a landlord sought to expedite resolution on the eviction case, but without first serving notice of an amendment to the complaint on the defendant.
Unit Owner Litigation By Gabriel Alvarado Real Estate Law, December 2019 Recent caselaw may help in reducing the number of meritless claims that condominium and homeowners' associations must defend against.
Do You Have Bats in Your Belfry—I Mean, Building? Bat Removal Restricted: Recent Amendment to DNR Rule Real Estate Law, November 2019 The amended language of the Department of Natural Resources rule on bat removal.
Illinois Condominium Deconversion: An Overview By R. Kymn Harp Real Estate Law, November 2019 An overview of condominium deconversion, a colloquial term referring to the process of removing property from the provisions of the Illinois Condominium Property Act.
Land Trusts, Deeds, and Chain of Title Issues By Richard W. Rappold Real Estate Law, November 2019 A case summary of Alward v. Jacob Holding of Ontario L.L.C., et al., a case that reinforced two fundamental rules of Illinois real estate law.
Property Disclosure Checklist Alert By Michael J. Maslanka Real Estate Law, November 2019 Various entites and sellers are statutorily exempt from having to complete the residential real property disclosure checklist.
Real Estate Transactions Must Be Updated Regularly Real Estate Law, November 2019 A reminder that any real estate transaction or public records search must be updated regularly.
Wholesaling Real Estate: How Recent Changes to the Real Estate License Act Impact the Business Model By Adam J. Wilde Real Estate Law, November 2019 On August 9, 2019, Public Act 101-0357 became law, reforming numerous parts of the Real Estate License Act and the practice of wholesaling/assigning.
Cook County Recorder of Deeds Rejects Transfer on Death Instruments Real Estate Law, October 2019 Recently, the Cook County Recorder of Deeds has been rejecting proffered Transfer on Death Instruments unless the document contains both the document number of the last duly recorded deed and the date of that recording.
Seventh Circuit on a Roll With Illinois Real Estate Cases By Michael J. Rooney Real Estate Law, October 2019 A closer look at tenancy by the entirety caselaw, judgment liens, and bankruptcy exemptions.
Final Order in Mortgage Foreclosure Action Bars All Claims Against the Mortgagee, Even a Claim for Fraud Upon the Court By James V. Noonan Real Estate Law, September 2019 A summary of Taylor v. Bayview Loan Servicing, LLC, in which the plaintiffs brought an action against a lender who foreclosed a mortgage on their home in a prior proceeding.
ILTA to Host Town Hall Meeting on Market Conduct Reform Real Estate Law, September 2019 ILTA will be hosting its second town hall meeting on market conduct reform on October 16 in Lisle.
New Illinois Trust Code Takes Effect Jan. 1, 2020 Real Estate Law, September 2019 A notice of the new Illinois Trust Code that will take effect in 2020.
Cook County Board Passes Just Housing Ordinance By Adrian P. Zeno Real Estate Law, August 2019 The Cook County Board of Commissioners passed an amendment to the human relations code to assist the formerly incarcerated with equal access to housing.
Illinois Appellate Court Rejects Mortgagor’s Attempt to Thwart Foreclosure by Claiming a Sham LLC He Set up Was Not Properly Served By James V. Noonan Real Estate Law, August 2019 In a recent appellate case, the mortgator belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC he set up shortly before foreclosure proceedings began, contending the LLC was not served.
Lessons in Interpretation of Covenants and Restrictions By Kim Casey Real Estate Law, August 2019 In Standlee v. Bostedt, the appellate court addressed the proper construction of seemingly contradictory provisions of a declaration of covenants and restrictions when addressing claims attempting to enforce those restrictions in a residential subdivision.
Kroot v. Chan: The Residential Real Property Disclosure Act revisited By Michael J. Maslanka Real Estate Law, July 2019 In Kroot v. Chan, plaintiffs alleged that the defendants violated the Residential Real Property Disclosure Act and committed common law fraud in the sale of their Chicago property.
Seventh circuit gets it right—Meaningless data or actionable information? By Michael Rooney Real Estate Law, July 2019 In United States v. Z Investment Properties, LLC, the court addressed the question of whether a recorded federal tax lien constituted constructive notice due to an incorrect spelling of the first name of the taxpayer against whom the lien was filed.
1 comment (Most recent July 15, 2019)
Cook County Recorder of Deeds fee schedule changing Real Estate Law, May 2019 A new fee schedule takes effect on May 20.
Drafting a FSBO residential real estate contract: Questionnaire for your clients By Colleen L. Sahlas Real Estate Law, May 2019 You as the attorney can properly draft the residential real estate sales contract from the get-go, rather than “fixing” it during the attorney approval period.
Illinois Supreme Court decision in Teamsters Local Union No. 700 has ramifications for condominium associations, municipalities, and other areas of law By Ellis Levin Real Estate Law, May 2019 The Illinois Supreme Court decision in 1550 MP LLC v. Teamsters Local Union No. 700 has ramifications for a wide variety of other areas of law.
Considerations for non-married parties purchasing residential real estate together By Erica Minchella Real Estate Law, March 2019 Unmarried couples pose specific problems for attorneys handling their real estate transactions.
It’s time to legislate the implied remedy for 22.1 disclosure violations By Adam B. Whiteman Real Estate Law, March 2019 Summaries of two cases that discuss the ramifications of violating section 22.1(a) of the Illinois Condominium Property Act.
1 comment (Most recent March 21, 2019)

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