2023 Articles

An Analysis of Public Act 103-0400 Amendments to the Recorders Division of the Counties Code By Joseph Rogul November 2023 An overview of Public Act 103-0400, which amends the Counties Code.

April 2023 Illinois Supreme Court MCLE Rule Amendments June 2023 Recently amended Illinois Supreme Court rules have changed the MCLE compliance process.

Bank Failures and Construction Issues: What Every Construction Contractor Needs to Understand About FDIC Receivership By Craig Penrose May 2023 What every construction contractor needs to know about the authority of the Federal Deposit Insurance Corporation in the bank failure process and a look at the potential effects of the Silicon Valley Bank and Signature Bank failures on the construction process.

Best Practices When Obtaining and Reviewing ALTA Surveys in Commercial Real Estate Transactions By Ted M. Niemann December 2023 Obtaining and reviewing a current ALTA survey, certified to your client, lender, and title company, should strongly be considered if you are following best practices in a commercial real estate transaction.

Blockchain and AI: Revolutionizing Illinois Real Estate Practice By Mazyar M. Hedayat May 2023 How blockchain and artificial intelligence are revolutionizing real estate practice in Illinois.

Case Summary By Amelia Buragas October 2023 A summary and analysis of MB Financial Bank, N.A. v. Brophy.

Case Summary: Channon v. Westward Management, Inc. By Erica Crohn Minchella January 2023 Channon v. Westward Management, Inc. denies a private right of action for condominium unit owners to sue association management companies for charging excessive fees for the production of documents under 22.1 of the Condominium Act.

Cash Deals: How Do I Love Thee? Let Me Count the Ways By Colleen L. Sahlas March 2023 Eight reasons a cash deal beats financing for buyers and sellers in a residential real estate transaction.

Chicago’s 2022 Energy Transformation Code By Adrian P. Zeno April 2023 On September 21, 2022, Chicago’s City Council unanimously passed the 2022 Chicago Energy Transformation Code.

Congratulations! August 2023 The Southern Illinois University School of Law celebrates its 50th anniversary.

Court Determines Tax Buyer Notice to Limited Liability Company Failed to Strictly Comply With Notice Requirements, Tax Deed Vacated By Lynette Lockwitz October 2023 A summary and analysis of In re Application of the County Treasurer, in which the appellate court vacated a tax deed for failure to strictly comply with the Property Tax Code's notice serving provisions.

‘Danger, Will Robinson’: Another Caveat Lawyer January 2023 A note on the special warranty deed law that went into effect on Jan. 1, 2023.

Did You Know? April 2023 A brief overview of the Tenth Circuit Act of 1863.

Don’t Forget September 2023 Reminders for members of the ISBA Real Estate Section Council.

The Escrow Dilemma: Handling Earnest Money and Escrow Holdbacks By Bob Floss, II February 2023 With the recent and sudden decline in real estate brokerages holding earnest money, it is not uncommon for realtors to ask an attorney to hold earnest money.

An Exploration of Noncitizens’ Rights to Hold Property in Illinois By Carlos Cisneros Vilchis July 2023 Most property rights affecting noncitizens are determined at the state level, usually by legislation.

Floating Easements Don’t Always Float: The Dilemma By Ted M. Niemann March 2023 In the event your Illinois real estate practice involves representing clients who purchase, sell, or develop retail shopping centers, industrial subdivisions or farm real estate, you may encounter floating easements.

A Fork in the Road: Illinois Supreme Court Adopts the Partial Breach Doctrine in PML Development, LLC v. Village of Hawthorn Woods, 2023 IL By Walter Adams August 2023 A summary and analysis of PML Development, LLC v. Village of Hawthorn Woods.

Fourth District Holds That Contractor’s Unsuccessful Mechanic’s Lien Action Does Not Bar a Subsequent Breach of Contract Against the Contractor Under Res Judicata By James Noonan January 2023 A summary and analysis of Young v. Wilkinson.

From the Ex-Officio By Bruno Tabis July 2023 A note from the ex-officio.

From Where Do State and Local Government Entities Get Authority to Take Private Property for Public Use and What Rights Belong to the Property Owners? By Sharon L. Eiseman June 2023 State and local government agencies in need of new or updated public works projects for their various communities may need to acquire private property to implement such projects

FYI March 2023 A summary of the Real Estate Section Council's recent legislative vote tally.

General Assembly Bills Reviewed by the ISBA Real Estate Law Section Council By Paul Peterson October 2023 Summaries of bills reviewed by the Real Estate Section Council that have become public acts.

Illinois Estate Tax and Real Property: Best Practices for Residents and Non-Residents By Luke E. Harriman & Angelica F. Russell-Johnson January 2023 This article discusses how real estate is treated for Illinois estate tax purposes, highlights some counterintuitive results based on this treatment, and provides recommendations for holding real estate in a tax-efficient manner.

Illinois Human Rights Commission Rules in Favor of Landlord in Case Alleging Disability Discrimination By James V. Ferolo & Lily Mckay November 2023 In In the Matter of IDHR and Brenda Salgado-Morales and Ross Shrestha, the Illinois Human Rights Commission ruled in favor of a landlord in a case alleging disability discrimination because the tenant failed to notify the respondent of her disability and two emotional support dogs in her rental application.

Illinois Secretary of State Adopts Administrative Rules Making Amendments to the Illinois Notary Public Act Effective By Ray Prather July 2023 On June 5, 2023, the Illinois Secretary of State’s Office adopted administrative rules that make Public Act 102-0160 effective and provide guidance for Illinois notaries moving forward.

In re Application of the County Treasurer v. DG Enterprises By Philip J. Vacco August 2023 The appellate court was asked to determine whether the circuit court erred when it vacated its earlier order granting a petition for a tax deed in In re Application of the County Treasurer v. DG Enterprises.

It’s Called a Taking: It Requires Just Compensation By Michael J. Rooney January 2023 A critical look at HB 5844, which was introduced in the Illinois House in November 2022.

Justices of the Seventh Circuit Court of Appeals as Law Professors By Michael J. Rooney August 2023 Practice tips derived from Guerrero v. Howard Bank.

Key Changes With the 2021 ALTA Owner’s Policy By Paul Peterson January 2023 The American Land Title Association has issued its new 2021 policies, commitments, and selected endorsements.