Real Estate Law

Senate Bill 77

Topic: 
Evictions

(Van Pelt, D-Chicago) seals eviction proceedings and remain so unless a final order of eviction in favor of the plaintiff is entered. The unsealed records must remain unsealed for a period of seven years. After seven years, access to the court records may be obtained only by specified parties. If a case is filed by a board of managers of a condominium association and names or joins a tenant of a condominium unit to the proceedings, the tenant’s name must be permanently suppressed by order of the court. It has been assigned to Senate Judiciary Committee.

Senate Bill 1428

Topic: 
Cook County associate judges

(Jones, D-Chicago) provides that the Cook County associate judgeships existing on the effective date are converted into resident judgeships. Requires that the Supreme Court allot the resident judgeships for election from the 15 subcircuits. Referred to the Committee on Assignments. 

House Bill 2268

Topic: 
Cook County judges

(Martwick, D-Chicago) amends the Circuit Courts Act to provide that in 2021 the General Assembly must redraw the boundaries of the subcircuits of the Circuit of Cook County to reflect the results of the 2020 federal decennial census. A resident judgeship assigned to a subcircuit will continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits must be filled by a resident of the redrawn subcircuit. Assigned to House Executive Committee. 

Patel v. Zillow, Inc.

Federal 7th Circuit Court
Civil Court
Ill. Real Estate Appraiser Licensing Act
Citation
Case Number: 
No. 18-2130
Decision Date: 
February 8, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs’ action alleging that defendant’s online estimates of real estate based on application of proprietary algorithm to public data violated Ill. Real Estate Appraiser Licensing Act, since said Act forbids appraisals of real estate without license. Said Act lacks private right of action to enforce appraisal licensing requirement. Also, plaintiffs could not state viable cause of action under Ill. Uniform Deceptive Trade Practices Act, even though plaintiffs asserted that defendant provided appraisals of their property that were unfair and inaccurate, and that defendant wrongfully refused their requests to either change said appraisals or remove their properties from its website. Instant appraisals are matters of opinion, which are outside contours of said Act, which only pertains to misleading statements of fact.

MEP Construction, LLC v. Truco MP, LLC

Illinois Appellate Court
Criminal Court
Mechanics Lien Act
Citation
Case Number: 
2019 IL App (1st) 180539
Decision Date: 
Friday, February 8, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed.
Justice: 
DELORT

Plaintiff construction company filed complaint for foreclosure of a mechanic's lien, breach of contract, and quantum meruit. Court properly granted Defendant's motion for partial summary judgment on mechanic's lien, which was more than 100% overstated and was thus constructive fraud. No indication that other contractors had a contractual relationship with Plaintiff, so Plaintiff cannot justify the overstatment of its lien by nearly double the amount it is owed. (CUNNINGHAM and HARRIS, concurring.)

Senate Bill 169

Topic: 
Foreclosure

(Mulroe, D-Chicago) amends the Code of Civil Procedure to provide that the failure to send a copy of the notice of foreclosure to the alderman or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located. Under current law, it results in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court. It also deletes language regarding the requirements a party must comply with if the party refiles the complaint or counterclaim. Senate Bill 169 has been referred to the Committee on Assignments before being assigned to a substantive committee. 
 

Senate Bill 220

Topic: 
Condominium Property Act

(Murphy, D-Des Plaines) must first provide the unit owner a minimum of 20 days' written notice and an opportunity to be heard before the board may levy a fine. It also requires that the written notice must be made in compliance with the Act. The notice and opportunity to be heard requirements apply only to the ability to levy fines, and nothing contained in the new provisions limits or restricts the ability of the board to pursue or enforce the rights of the association. Provides that the association has no authority to report adverse information to a credit reporting agency or initiate collection proceedings against a unit owner for unpaid fines unless the board of managers has first complied with the notice and hearing requirements. Senate Bill 220 has been referred to the Committee on Assignments before being sent to a substantive Senate committee. 

Crystal Lake Limited Partnership v. Baird & Warner Residential Sales, Inc.

Illinois Appellate Court
Civil Court
Landlord Tenant
Citation
Case Number: 
2018 IL App (2d) 170714
Decision Date: 
Friday, November 30, 2018
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed in part, reversed in part, and vacated in part; remanded.
Justice: 
ZENOFF

(Modified upon denial of rehearing 2/4/19.) Landlord sued tenant for breach of commercial leases, alleging that tenant breached a covenant to restore premises to their original configuration at end of lease terms and that such failure was also a holdover under the lease. Jury found in landlord's favor on 2 counts, but court later granted tenant JNOV on holdover claim. Sufficient evidence for jury to conclude that tenant held possession constructively, as tenant exercised control over premises after leases expired. Issue of possession is a factual one for jury to decide, and JNOV was improper. Court's conditional ruling, that tenant is entitled to new trial on holdover claim based on improper jury instruction, is reversed, and verdict is reinstated. Remanded for proceedings on issue of landlord's attorney fees, as court erred in considering only proportionality and should have considered 8 factors as set forth in 2001 Esker v. Cle-Pas's appellate court decision. Court properly denied prejudgment interest, as that was controlled by terms of lease. (McLAREN and HUTCHINSON, concurring.)

Problems Blockchain Doesn’t Solve

By Paul Peterson
February
2019
Article
, Page 36
Blockchain might improve the services provided by county recorders. But its limitations need to be recognized.
1 comment (Most recent May 13, 2019)

House Bill 832

Topic: 
Vacancy Fraud Act

(Martwick, D-Chicago) allows a taxing body or its representative to file a vacancy-fraud complaint with the county board of review if the property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. It sets forth factors in determining whether vacancy fraud has occurred and its penalties. House Bill 832 was just introduced.