Burrink Commercial Services v. New Life Covenant ChurchBy Samuel H. LevineReal Estate Law, December 2024In Burrink Commercial Services v. New Life Covenant Church, the appellate court dismissed a complaint to foreclose a mechanics lien as factually insufficient because the complaint improperly characterized two contracts as one.
Case Summary of Tyler v. Hennepin County, Minn.By Erica Crohn MinchellaReal Estate Law, December 2024In Tyler v. Hennepin County, Minn., the U.S. Supreme Court unanimously held that a county collecting directly from the surplus upon the foreclosure sale of property for delinquent taxes was an unallowed taking under the Fifth Amendment.
False Bravado: How Estate Planning and Corporate Entities Can Be Undone by Municipal ViolationsBy Bob Floss, IIReal Estate Law, December 2024The articles examine the existence of a trust as a relationship or an entity, which will greatly affect the outcome of the trust. In the section titled “Proper Litigants,” we are given hypotheticals when a trust can sue or be sued as an entity or when the trustee of the trust would stand in place of the trust as the proper party.
NoteReal Estate Law, December 2024ISBA publishes pamphlets for the public and your clients. See a new one recently published by our Section.
QueryReal Estate Law, December 2024Are there other such benefits to owning real property through a non-Illinois-established LLC or entity as opposed to using an Illinois-established LLC or entity?
Upcoming CLEsReal Estate Law, December 2024Mark your calendars for upcoming live CLE events of interest to real estate practitioners.
Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpReal Estate Law, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Mitigation of Damages in Illinois Commercial Lease DisputesBy R. Kymn HarpCommercial Banking, Collections, and Bankruptcy, April 2023An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Cook County Landlord Tenant Law: A Compass to Guide YouBy Laura L. LundsgaardReal Estate Law, June 2021As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Stealing Houses?By Frank PellegriniReal Estate Law, March 2021What do you get when you combine identity theft with mortgage fraud? The FBI calls it house stealing.
The Implied Warranty of Habitability: Implications for the Builder and the HomeownerBy Adam B. WhitemanCommercial Banking, Collections, and Bankruptcy, July 2020If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.
Always refresh and renew your guarantyBy David SeidmanBusiness Advice and Financial Planning, April 2019Attorneys must routinely advise their clients when they erroneously state that a guarantor’s responsibilities are not limited to the particular obligations set forth in the guaranty itself.
Presumptively Void Transfers to caregivers – A bit of mercy please?By Paul PetersonTrusts and Estates, October 2018Caregivers are a necessary and desired part of our society. Yet some caregivers are guilty of fraud, duress, or undue influence. This article reflects on the issue and how the Presumptively Void Transfers Article of the Illinois Probate Act can be amended.
What color is your contract?By William J. AnayaReal Estate Law, June 2018Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
The dangers of bifurcated title policies in residential real estate transactionsBy Joseph W. RogulReal Estate Law, April 2018For those who have not had the pleasure of handling a bifurcated deal, the term refers to a transaction in which two different title insurance companies issue the owner’s and lender’s title insurance commitments and policies.
An overview of housing cooperatives in IllinoisBy Karen G. CourtneyReal Estate Law, April 2018To effectively represent clients that buy and sell cooperative apartments, it is crucial for real estate attorneys to be familiar with housing cooperatives and how they work.
Recent developmentsBy Michael J. MaslankaReal Estate Law, April 2018Three developments that real estate law practitioners should find interesting.
Post-death conservation easements—Another way to save the farm?By Andrew WhiteReal Estate Law, March 2018One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
What color is your contract?By William J. AnayaEnvironmental and Natural Resources Law, March 2018Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
100th General Assembly grants property tax relief by increasing some exemptionsBy John K. NorrisReal Estate Law, February 2018With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
