Real Estate Law

Greggs USA, Inc. v. 400 East Professional Associates, LP

Greggs USA, Inc. v. 400 East Professional Associates, LP
Illinois Appellate Court
Civil Court
Leases
Citation
Case Number: 
2021 IL App (1st) 200959
Decision Date: 
Wednesday, June 16, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
McBRIDE

Plaintiff filed amended complaint against its landlord, alleging that breach of a commercial lease prevented Plaintiff from using premises as it intended for a bakery and restaurant and caused it to lose more than $100,000 in renovations expenses. Defendant counterclaimed, was granted summary judgment, and was awarded back rent, late fees, and attorney fees. As Plaintiff admitted it was in breach of contract, it could not establish the element of performance of the contract by the plaintiff. As landlord did not have a contractual duty to perform or allow Plaintiff to perform structural modifications to any component of the black iron, there was no genuine issue of material fact as to whether landlord breached pertinent paragraph in the lease. Even in a commercial lease of premises that will be used for a specific purpose, there is no implied covenant that the premises are fit for that purpose. (HOWSE and BURKE, concurring.)

Wells Fargo Bank, N.A. v. Coghlan

Wells Fargo Bank, N.A. v. Coghlan
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2021 IL App (3d) 190701
Decision Date: 
Monday, June 7, 2021
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Plaintiff bank filed foreclosure action, but court granted summary judgment, finding that Plaintiff lacked standing. As a defense to Plaintiff's 2nd attempt to foreclose Defendants filed motion to dismiss on grounds that the previous decision bars the 2nd action. The current action does not arise from the same operative facts as the 1st action. Defendants' defaults subsequent to the 1st action bar the application of res judicata. Defendants failed to present evidence to create a genuine issue of material fact as to their claim that the assignment of mortgage and note was fraudulent. (DAUGHERITY and HOLDRIDGE, concurring.)

Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

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Senate Bill 730

Topic: 
Electronic Wills and Remote Witnesses Act

(Crowe, D-Maryville; Didech, D-Buffalo Grove) provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication. Passed both chambers. Effective on the Governor’s signature.  

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Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Passed both chambers. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

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Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

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Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

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Building Virtual Bridges: Remote Mediation of a Construction Dispute

Presented by the ISBA Construction Law Section
Co-Sponsored by the ISBA Real Estate Law Section, ISBA Alternative Dispute Resolution, ISBA General Practice Section, and the ISBA Commercial Banking, Collections, and Bankruptcy Section


1.0 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit  in the following category: Professionalism, Civility, or Legal Ethics credit

Original Program Date: Wednesday, March 3, 2021
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­April 5, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Learn how to handle your next construction law mediation case with this informative online program. Real estate attorneys, construction law council, civil practice lawyers, and general practitioners with all levels of practice experience who attend this program will better understand:
  • The differences between remote and in-person mediation;
  • The advantages and disadvantages of mediating remotely;
  • How to prepare for your next virtual mediation;
  • How to draft a mediation submission; and
  • How to successfully handle an online mediation.

Program Coordinator/Moderator :
Samuel H. Levine, Bryce Downey & Lenkov LLC, Chicago

Program Speakers :
Hon. Lisa R. Curcio (ret.), ADR Systems, Chicago
Daniel A. Dorfman, Fox, Swibel, Levin & Carroll, LLP, Chicago
Randall S. Rapp, Rapp Law Group LLC, Harvard

Special pricing is available for Legal Service Attorneys.