Real Property

The newsletter of the ISBA’s Section on Real Estate Law

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2017 Articles

Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka July 2017 Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
1 comment (Most recent July 18, 2017)
Articles, articles, articles! By Michael J. Maslanka October 2017 Consider writing for this newsletter.
Articles, articles, articles! By Michael J. Maslanka September 2017 Consider writing for this newsletter.
Avoiding liabilities when working alongside real estate agents By Colleen L. Sahlas May 2017 Working relationships between attorneys and agents in real estate can often be positive and valuable. But it’s critical to understand and address the roles between agents and attorneys, define the boundaries, and be wary of potential liabilities that could result from working alongside them.
1 comment (Most recent May 17, 2017)
Bankrupt widows and widowers beware: In re Jaffe, is out there By David A. Zulkey November 2017 This case ultimately holds that death of a spouse terminates any interest held in a tenancy-by-the-entirety and, therefore, prohibits that interest in said property from being exempt from collection by a creditor under the Bankruptcy Code and Illinois law.
Condominium property subject to easements? YES! A review of Madden v. Scott, 2017 IL App (1st) 162149, (1st Dist. 2017) By Ellis B. Levin October 2017 The decision in Madden is another step in the long history of expanding Illinois easement holder rights.
The costs of condominium documents and disclosures in condo sales By Adam B. Whiteman May 2017 There is growing concern among real estate practitioners that management companies view these charges as a gravy train in that most of the information being provided is completely automated. In light of this automated method of delivery, is a $300-$500 fee really “reasonable”?
Do good fences make good neighbors? By Joel L. Chupack February 2017 What does a good neighbor do if they want a fence, but there is a recorded restriction that states “NO FENCE OF ANY KIND SHALL BE COMMENCED, ERECTED OR MAINTAINED IN SAID SUBDIVISION ON ANY RESIDENTIAL LOT”?
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
1 comment (Most recent November 8, 2017)
Drones, federal and Illinois law, surveillance and the Fourth Amendment –Ad coelom et ad inferos? By Elizabeth Austermuehle April 2017 This article examines the intersection of property owners’ rights and drone operators’ rights, and highlights some of the wide ranging societal repercussions that may result from increased commercial and governmental drone usage in the coming years.
A few words from the Chair By Erica Crohn Minchella March 2017 The ISBA's Real Estate Law Section Council was recently asked to review and take a position on Senate Bill 192.
Here we go again: Timeliness of post-foreclosure sale assessment payments left unresolved in Andersonville South Condominium Assoc. v Federal Nat’l Mortg. Assoc. By Barbara Starke Tishuk December 2017 The best course of action for purchasers of foreclosed condominium units to take is to pay any post-foreclosure assessments no later than the first day of the first month following the confirmation of the foreclosure sale.
2 comments (Most recent November 27, 2017)
Keep litigious proclivities out of real estate transactions By Colleen L. Sahlas July 2017 A litigator’s strategies may be effective in litigation, but in a residential real estate deal they can backfire, be destructive, and even jeopardize your client’s contractual rights.
Meet our new section council members September 2017 Learn more about Vincent R. Vidmer.
Meet our new section council members August 2017 Learn more about Section Council member Barbara Starke Tishuk.
Meet our section council members November 2017 Learn more about member Ellis B. Levin.
Non-compliance with city ordinance is a viable defense to a forcible entry and detainer action By Adrian Zeno October 2017 On March 31, 2017, the 1st District Illinois Appellate Court ruled on whether an owner’s non-compliance with Chicago's “Protecting Tenants in Foreclosure Rental Property Ordinance” is a viable defense to a forcible entry and detainer action.
Recent SCOTUS opinion raises hope for municipalities struggling to recover from effects of predatory lending practices of banks—And perhaps for their residents as well By Sharon L. Eiseman August 2017 Author Sharon Eiseman was in the courtroom when the U.S. Supreme Court released its opinion in Bank of America Corp. et. al. v. City of Miami, Florida.
Regulatory taking: A review of Murr v. Wisconsin By Barbara Starke Tishuk September 2017 In June 2017, the United States Supreme Court established a new—and potentially unwieldy—test for defining the unit of property subject to an alleged regulatory taking.
Reprint of our very first issue December 2017 Provided for your enjoyment: This section's very first newsletter, from 62 years ago.
The risks of using legal forms without attorney guidance… Episode # 37 By Michael J. Maslanka April 2017 If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
Should Illinois real estate brokers “freak out” about Horiike v. Coldwell Banker Residential Brokerage Company et al.? (Is it a dual agency case, a disclosure case or a little bit of both?) By Betsy Urbance June 2017 Short answer: No. Read this article to understand the author's reasons.
1 comment (Most recent July 12, 2017)
Such a deal! What buyers of REO and foreclosure-auctioned properties and their attorneys must know before they buy By Erica Minchella October 2017 Investors and home buyers of bank-owned properties and bidders at foreclosure sales must be scrupulously cautious before making a purchase of such property because of the potential for final judgments being reversed.
A tip to ingratiate yourself with real estate purchasing clients By Michael J. Maslanka April 2017 In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Title insurance fees O.K. By Philip J. Vacco August 2017 A closer look at the appellate court’s rationale behind its decision in Chultem v. Ticor Title Ins. Co.
To record or not to record, that is the question By John C. Robison, Jr. September 2017 Author John C. Robison Jr. recently submitted mineral deeds, both lacking acknowledgments, to recorders in two separate counties. Both recorders rejected the deeds for recording because they lacked an acknowledgment.
1 comment (Most recent September 14, 2017)
Whither the Doctrine of Implied Warranty of Habitability in new construction—did the Illinois Supreme Court change course in Fattah v. Bim? By Joseph R. Fortunato, Jr. January 2017 The recently decided case of Board of Managers of the 1120 Club Condominium Association v. 1120 Club, LLC, et al, seems to breathe new life into the concept of the Implied Warranty of Habitability, but important questions remain unanswered.
Who really regulates attorneys in Illinois? By Ralph J. Schumann December 2017 In April, 2017, the Illinois Department of Financial and Professional Regulation initiated prosecutions of two Illinois attorneys for alleged violation of the Real Estate Appraisal Licensing Act of 2002. But far from purporting to act as appraisers, or engaging in the development of appraisals, however, the attorneys were engaging in the practice of law.
Your tenant just exercised its option to purchase – where did your cash flow go until closing? By Timothy J. Hammersmith March 2017 If you own commercial real estate and your tenant has an option to purchase the leasehold premises as part of the lease, overlooking a few important details in drafting the option provisions can be costly.