Articles on Real Estate Law

Case law update: Real estate contracts By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, January 2011 Recent cases of interest to real estate practitioners.
The use of receiverships for managing troubled assets By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2010 Receiverships are something that all lenders should consider in managing distressed real estate. Lenders should also consider creative ways for receivers to manage distressed assets to meet the needs of a particular asset.
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet Agricultural Law, December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.
Commercial real estate foreclosures in Illinois—They’re not always the same By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, November 2009 With the proliferation of real estate foreclosures in these difficult economic times, many experienced practitioners are finding themselves involved in some aspect of foreclosure litigation for the first time. 
Transfer on death designations and title to real estate By Werner Gruber Elder Law, July 2009 Various methods exist to transfer property outside probate upon one’s death. One such tool, developed for use with bank accounts, involves a pay-on-death (POD) designation. Another tool, developed for use with securities, involves a transfer-on-death (TOD) designation.
H.B. 4050 back in the spotlight By James K. Weston, Sr. Real Estate Law, June 2007 The Illinois Department of Financial and Professional Regulation (“IDFPR”), as the overseer of the Predatory Lending Database Pilot Program Act better known as “HB 4050,” has published a new Rule for the reimplementation of that law.
Why are most downstate lawyers locked out of real estate sales—A downstate lawyer’s response By Steven P. Zimmerman Real Estate Law, December 2006 The cover page of the August, 2006 Illinois Bar Journal featuring Helen W. Gunnarsson’s article entitled “Beyond ‘Deed and Green’” asks “Why are most downstate lawyers locked out of real estate sales?”
Significant changes in real estate transfer taxes explained By Todd M Turner & Stephen J. Bochenek Real Estate Law, February 2005 Public Act 93-657 (SB 1883), effective June 1, 2004, amended the Real Estate Transfer Tax Law (35 ILCS 200/31-1 et seq.).
A comparison of single-family residential contract forms By Steven P. Zimmerman Real Estate Law, December 2004 The landmark case of Chicago Bar Association v. Quinlan and Tyson, Inc., 34 Il.2d 116, 214 N.E.2d 771 (1966), continues to define the right of licensed brokers and their agents (collectively, real estate licensees) to prepare real estate contracts on forms customarily used in the community while prohibiting these real estate licensees from engaging in other actions which would constitute the unauthorized practice of law.
A late summer real estate miscellany By Gary R. Gehlbach Real Estate Law, September 2004 The ebb and flow of real estate transactions produce various and sundry issues that may be applicable to transactional attorneys.
Practical considerations in representing parties interested in purchasing properties at judicial foreclosure sales By Gregory J. Moody & Martin Potter Real Estate Law, October 2001 Your long-time client, Miss Money, visits your office one afternoon excited about an investment sure to generate substantial return while incurring minimal risk.
Liquidated damages: you can’t have your cake and eat it too By Mark G. Hanley & Mark C. Zimmerman Real Estate Law, May 2001 Illinois real estate attorneys are well acquainted with liquidated damages clauses.

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