Real Property

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

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2020 Articles

Abellan v. Lavelo Property Management, LLC: Is Rooney Right or Off His Rocker? By R. Kymn Harp June 2020 A response to Michael J. Rooney's article, Swing and a Miss: Seventh Circuit Ends Hitting Streak.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh September 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
The Attorney as Notary Public: Keeping Your Eye on the Ball By Michael J. Rooney May 2020 During the COVID-19 pandemic, real estate lawyers see the need to be creative with force majeure provisions in order to protect their clients, whether sellers or buyers, from unforeseen circumstances.
Boosting Wellness and Managing Stress During Quarantine By Erin Clifford, E. Kenneth Wright, Jr., & Michael B. Hyman May 2020 Wellness and stress management tips during COVID-19.
Case Note: Recent Illinois Appellate Court Analysis of Adverse Possession By Timothy Hammersmith July 2020 A recent appellate case, Christine Valenziano and C.J.W. Development Company v. Rachel L. Stewart f/k/a Rachel O’Connor, provides some good insight on issues surrounding claims for adverse possession.
Case Summaries By Joseph R. Fortunato September 2020 Summaries of two recent appellate cases of interest to real estate practitioners, Norman vs. U.S. Bank, NA and Burgoyne, LLC vs. Chicago Terminal Railroad Company, et al.
Cook County: Changes to Provisions Regarding the Senior Citizens Homestead Exemption By Emily R. Vivian February 2020 Attorneys representing homeowners in Cook County should be familiar with the provisions of Public Act 101-453, which amend provisions of the Illinois Property Tax Code regarding the senior citizens homestead exemption.
1 comment (Most recent February 12, 2020)
Cook County’s Just Housing Amendment and Its Implications By Casey Hornsby May 2020 According to Cook County’s Just Housing Amendment, which became effective January 1, 2020, any landlord that performs tenant screening must adhere to the Amendment’s new procedure.
1 comment (Most recent May 12, 2020)
Cook County’s New ‘Just Housing Amendment’ and What We Can Expect By Casey Hornsby April 2020 The Just Housing Amendment institutes new conduct that housing providers must adhere to in using criminal background checks to accept or deny housing applicants.
Court Ordered Commercial Land Use Regulation And Religious Organizations By William J. Anaya April 2020 A summary of Fraternité Notre Dame v. County of McHenry, which deals with the federal Religious Land Use and Institutionalized Persons Act.
COVID-19: Implications on Illinois Contract Law and the Doctrine of Commercial Frustration By Thadford A. Felton April 2020 COVID-19 is impacting businesses and their operations, and parties are looking for guidance in the event that one or the other party to a contract is, or claims to be, unable to fulfill its contractual obligations.
1 comment (Most recent May 30, 2020)
Creditor Claims Against ‘Real Estate’: Comparing the Effectiveness of a Land Trust to an Express Trust When Seeking to Protect Real Estate from Creditor Claims By Nicole Soltanzadeh December 2020 The recent enactment of the Illinois Trust Code has caused some practitioners to wonder whether our clients may be better served, for asset protection purposes, by holding title to real estate in a land trust, rather than an express trust.
Edson v. Fogarty: When Negligent Misrepresentations of Zoning by Seller’s Agent Give Rise to Buyer’s Claim for Damages By Sharon L. Eiseman 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.
Elmer Cecil Hawkins 1929-2020 October 2020 The obituary of Elmer Ceil Hawkins, a very valuable member of the Real Estate Law Section Council for many years.
1 comment (Most recent October 16, 2020)
Estate of Jezewski v. Jaworski: A Warning on Joint Tenancy By Thomas A. Ball May 2020 Estate of Aniela Jezewski v. Elizabeth Jaworski and Kaziemerz Jaworski, which deals with the title to a house in Chicago, tells us that the presumption of tenancy in common and the four unities that defend the presumption still matter.
The Existence of an Executed Loan Modification Will Justify Setting Aside a Foreclosure Sale Under Illinois Foreclosure Law By James Noonan August 2020 A summary and analysis of Deutsche Bank N.A. v. Cortez.
Former Condo Association Board Director Owes Attorneys’ Fees and a Lot More By Michael J. Maslanka May 2020 A summary of Spiegel v. Kim, in which a condo association sued the former director for all kinds of misfeasance and malfeasance while he was allegedly acting under the auspices of being a member of the board of directors of the association.
Fraud in the Time of Coronavirus By Frank Pellegrini August 2020 A look at some of the fraud schemes on the rise during the tumult of the COVID-19 pandemic.
From the Chair By William J. Anaya April 2020 A note from the chair, William J. Anaya.
An FYI: What Is the Practice of Law? Is a Real Estate Closing the Practice of Law? Some States Say No, But Connecticut Said Yes May 2020 A look at Public Act No. 19-88.
Good Fences Make Good Neighbors—Or Do They? By Dennis Riley December 2020 An analysis of The Fence Act.
The Illinois Bar Foundation Needs Your Help By Rory T. Weiler November 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.
Illinois Court Denies Summary Judgment to Lender and Servicer on Trespass and Consumer Fraud Claims Following a Botched ‘Trash Out’ By James V. Noonan June 2020 In response to a foreclosure, the mortgagors in Federal National Mortgage Ass'n v. Obradovich counter sued their lender, the mortgage loan servicer, and the contractor their lender retained to manage the winterization of the property, claiming a sub-contractor botched the job and caused extensive damage.
Illinois Court Holds That Acceleration Notice Sent by Certified Mail Was Insufficient By James V. Noonan 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 January 2020 A summary of legislative updates relevant to real estate law practitioners.
Luxury Condominium Mechanics Lien Issues in Illinois By Paul Peterson August 2020 It may be time for title insurers to change how the mechanics lien risk in insuring luxury condominium unit sales is underwritten.
Mandamus Fails for Lack of Duty by City to Enforce Its Land Use Ordinances By John J. Foley February 2020 A summary of Ryan v. City of Chicago, in which the plaintiff claimed a neighbor's newly-built home encroached on her property.
MCLE Reminder & Warning June 2020 A reminder on MCLE reporting deadlines.
A Mineral Rights Case Summary of Mitchell/Roberts Partnership v. Williamson Energy, LLC, 2020 IL App (5th) 190339 By Alexander E. Porter November 2020 A summary and analysis of Mitchell/Roberts Partnership v. Williamson Energy, LLC.
Morse v. Donati: A Case Summary Regarding Short Sale Damages, Etc. By Erica Minchella March 2020 Generally, when a short sale fails to close, there are no damages and the parties move on—however, this was not the case in Morse v. Donati.