1999 Articles

Appellate court decision hands “Sword of Damocles” to contractor in mechanic lien disputes: Krzyminski v. Dziadkowiec, 296 Ill. App. 3d 710, 695 N.E. 2d 1275, 231 Ill. Dec. 156 (1st Dist. 1998), cert. denied 179 Ill. 2d 586 (Ill. Oct. 6, 1998) By Timothy P. Atchison February 1999 In an opinion handed down May 18, 1998, the First District Appellate Court ruled that section 34 of the Mechanics Lien Act (the Act) provides no right to property owners threatened by inchoate mechanic lien rights of contractors until such time as the lien is perfected by the filing of the lien within the time frames specified in the statute.

Avoid double real estate taxation on association-owned property By David M. Bendoff November 1999 Unit owners in your condominium association may be double paying real estate taxes with respect to real estate owned by the association.

Case summaries January 1999 Plaintiffs claimed entitlement to a six percent finder's fee from defendants for procuring a buyer for defendants' landfill business pursuant to an alleged oral contract between the parties. Plaintiffs' four count complaint sought recovery under theories of breach of contract, promissory estoppel, quantum meruit and unjust enrichment.

Custom built home contracts: representing the builder By Robert J. Lasky June 1999 A. Custom home builder is "a custom builder that...constructs a unique home or building that meets a specific client's needs and desires." National Association of Home Builders.

Editor’s note May 1999 In this newsletter, we are treated with three interesting articles involving three diverse topics.

Editor’s notes By Eleanor F. Dein Sharpe November 1999 This issue of Real Property supplies information on both familiar topics and others that may not be familiar to many of us.

Editor’s notes September 1999 The first article selected for this issue of Real Property is based on a very recent United States Supreme Court decision and should be of much interest to those practitioners who represent commercial mortgagors or their mortgagees, as well as those involved in mortgage foreclosures.

Editor’s notes By Gary R. Gehlbach June 1999 This issue contains five excellent articles. The first, by Ed Jarot, is an important note on pending Illinois legislation regarding land trusts and of particular interest to attorneys who wish to return to using Illinois land trusts for family gifting purposes, especially to reduce potential taxable estates through annual exclusion gifting.

Editor’s notes March 1999 This newsletter contains articles on two timely mortgage issues.

Editor’s notes February 1999 Both articles selected for this issue of Real Property are based on very recent Illinois appellate court decisions, both come out of the First District and, of particular interest to the real estate practitioner, both are Illinois cases of first impression.

Editor’s notes By Nancy Hyzer January 1999 This issue is mainly devoted to a case law update. The case law contributors are members of the Winnebago County Bar Association who concentrate their practices in real estate law.

Highlights of section council meetings March 1999 1. John O'Brien reported that the Illinois Real Estate Lawyers Association is working on a public relations campaign to preserve and protect the role of the lawyer in real estate transactions.

Illinois land trusts—troubled times By Paul A. Meints May 1999 Anyone who has used an Illinois land trust for gifting in the last 30 years or so should make a concerted effort to study all of the land trust documents before the donor-client dies.

Illinois law relating to tree encroachments By Richard F. Bales November 1999 Most real estate attorneys and title insurers, when discussing issues concerning encroachments as disclosed by a survey, think in terms of buildings, sheds, or fences.

Important note to real estate practitioners By Edward J. Jarot, Jr. June 1999 Real estate attorneys should be aware that recent legislation which will have a potentially dramatic impact on the relationships and responsibilities among parties to Illinois land trusts is rapidly on its way to becoming Illinois law.

Is it a strip of land or just a right of way? By Don Johnson June 1999 The significance of this question--Is it a strip of land or just a right of way?--lies in the ownership of the minerals beneath it.

Landowner liability for off-premises injury—a sequel By Donald L. Shriver & Donald P. Shriver September 1999 In our previous article, we discussed the duty on landowners for injuries that occur off of the landowner's property,1 and although clear conclusions could not be drawn, several guiding factors emerged.

Landowner liability to travelers for off-property personal injury By Donald L. Shriver & Donald P. Shriver May 1999 This article presents a review of current Illinois law concerning the circumstances under which a landowner may become liable in tort for injuries to persons traveling on adjacent roadways caused by conditions or substances on the owner's property when the injury occurs off of the owner's property or when the injury is caused by an object leaving the owner's property.

Lien cuisine: mechanics lien and construction law update By Samuel H. Levine & David S. Horwitch November 1999 The following is a synopsis of recent case and statutory law relating to mechanics liens and Construction law.

Me? A spinster? By Edward F. Stanula May 1999 I recently had a discussion with a client regarding the use of the term spinster to describe her marital status in a mortgage.

Mortgagors purchasing from foreclosing lenders get green light to stop junior lien holders By Gregory A. Thorpe March 1999 The Illinois Appellate Court recently decided the case of BCGS, L.L.C., Assignee of Residential Financial Corporation v. Jaster, 299 Ill. App. 3d 208, 700 N.E. 2d 1075, 233 Ill. Dec. 367 (2d Dist. 1998).

Pre-petition distribution of cash by a mortgagor: a fraudulent transfer? By John C. Murray June 1999 If a debtor is a general or limited single-asset partnership and has made a cash distribution to its partners prior to filing bankruptcy while real estate taxes due on the property remain unpaid, the secured creditor may be able to assert that such action by the debtor constitutes a fraudulent transfer under state or federal law.

Proceed with caution in condemnation actions By Jeffrey A. Mollet September 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.

Reverse mortgages and the Internet era—Lenders and title insurers beware By Todd A. Rowden March 1999 Mortgages are the bedrock of home ownership and, indeed, of our entire economy.

Tax deed trap rescue for redemptors By Frederick R. Dempsey January 1999 Mortgage lenders, property owners and--not infrequently--their legal counsel, have long considered the Property Tax Code provisions governing tax deed procedures to be fraught with peril--and with good reason.

Tenancy by the entirety By Myles Jacobs January 1999 At the real estate update seminar this year there were some questions asked regarding tenancy by the entirety, its creation and what would be the effect on how title was held if the estate was not properly created.

Trends in real estate commissions: Podolsky & Associates, L.P. v. Discipio, 297 Ill. App. 3d 1014, 697 N.E. 2d 840 (1st Dist. 1998) By Deanne Fortna Jones February 1999 In a case of first impression, the Illinois appellate court held that a seller can avoid paying brokerage commissions by waiting until the expiration of an exclusive brokerage listing agreement to sell listed property to a buyer not procured by the broker, but known to the seller prior to the agreement's termination, providing the seller's actions are in good faith.