Real Estate Law

Turner on Illinois Mechanics Liens

Bundled with a complimentary Fastbook PDF download!

"Turner on Illinois Mechanics Liens [First Edition] is the most noteworthy publication in recent years for Illinois construction lawyers. It will take its place next to the First and Second Editions of Love on Mechanics Liens. Every Illinois construction lawyer should have this book on their desk."

• Stanley Sklar,­ Esq., Dispute Resolution Services, Northbrook, Illinois

 

Published with the cooperation of the Society of Illinois Construction Attorneys (SOICA), Turner on Illinois Mechanics Liens: Second Edition is sure to be the new authoritative text on the law of Illinois mechanics liens. The book provides a straightforward explanation of mechanics lien law in the text and, in its footnotes, a starting point for legal research and acquiring a deeper understanding of mechanics lien law. It is authored by mechanics lien expert Howard M. Turner, who has been practicing, teaching, writing, and drafting legislation on mechanics lien law for over 50 years.

 

The book is user-friendly, comprehensive, and straightforward. Chapter II, Practical Considerations, covers matters judges believe lawyers often get wrong. There are seven checklists including: how to prepare a lien; how to defend against a lien; how to draft a pleading; and how to make payments so an owner only pays once. The Table of Contents and Index are helpful in finding specific issues and answers.

 

Leading construction attorneys had the following to say about the First Edition of Turner on Illinois Mechanics Liens:

 

"[A] gift to construction lawyers. [The] book is a practical compendium of what to do and, importantly, not do."

Hon. Clifford Meacham (Ret.)
ADR Systems

"The most complete and accurate book on Illinois mechanics liens currently available."

Margery Newman, Esq.
Deutsch, Levy and Engel

"An excellent book on Illinois mechanics liens."

Bruce Schoumacher, Esq.
Querrey & Harrow

"A complete and thoughtful treatment of Illinois mechanics lien law."

Randolph E. Ruff, Esq.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

"[A] must-read, must-have, complete resource on Illinois mechanics lien law."

Stanley N. Wasser, Esq.
FeldmanWasser

"Thorough and well cited. I expect to be consulting Howard's book in the future."

Paul Peterson, Esq.
Vice President & Senior Underwriter,
Fidelity National Family of Title Insurance Companies

 

Author:

Howard M. Turner

Publisher:

ISBA

Pub Date:

September 11, 2019

Format:

Softcover With Complimentary PDF

Edition:

Second

Pages:

338

Member Price:

$60.00

Nonmember Price:

$90.00

 

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Basic Residential Real Estate: From Contract to Closing

Bundled with a complimentary Fastbook PDF download!

NOTE:  This book was published prior to the TRID regulations going into effect. The Second Edition, which addresses the new TRID regulations, will be available for sale in the coming months. For more information on the TRID regulations, see the IBJ article New Residential Real Estate ‘Consummation’ Rules.

“I have been practicing real estate law in Chicago (residential real estate transactions in particular) for almost two years now, and I learned more from reading this book than I learned in my entire two years of practice.  It was so insightful, easy to follow, and, most importantly, enjoyable! And the exhibits could not be more helpful. I will always look back on this book as one of the best investments I ever made.” – Adam Gurney, Esq.

"I am a relatively new solo attorney and have recently added residential real estate to my practice. I have searched for several months and have not found anything that properly lays out the fundamentals of residential real estate in a detailed manner. Everything I found was either too detailed and skipped over the basics, or was written by an attorney out of New York which is not entirely helpful. That is, until I came across this book. It is a much-appreciated resource!" — Alex R.

As the first title in the ISBA’s new Practice Ready Series, this book was specifically written to be a must-have resource for new attorneys and any others new to residential real estate transactions. It walks you through each stage of a common transaction, from the moment a client contacts your office to the essential steps you must take after the transaction closes. The book centers on and provides in-depth discussion of the use of the new Multi-Board Residential Real Estate Contract 6.0, one of the most widely used contracts of its kind in Illinois. It includes a 130-page appendix with sample copies of the common documents you will encounter in a residential real estate transaction – client letters, the Multi-Board Residential Real Estate Contract 6.0, contingency letters, financing documents, title company documents, closing documents, and many others. Order your copy today and don’t risk seeing these documents for the first time at your first closing!
Author:
Heather M. Fritsch
Pub Date:
October 01, 2014
Format:
Softcover with complimentary PDF
Pages:
334
Member Price:
$40.00
Nonmember Price:
$57.50

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Citibank N.A. v. Busuioc

Citibank N.A. v. Busuioc
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2018 IL App (1st) 172956
Decision Date: 
Tuesday, December 4, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed in part and dismissed in part.
Justice: 
HARRIS

Court properly granted summary judgment for Plaintiff in mortgage foreclosure action. Loan was subject to an adjustable interest rate. No question of fact exists as to interest rate and per diem. Affidavit was signed and sworn before a notary in Florida, and Rule 191 does not require administration of an oath. As affidavit complies with Illinois law, court properly relied on it when granting summary judgment.(DELORT and CUNNINGHAM, concurring.)

Wells Fargo Bank v. Roundtree

Wells Fargo Bank v. Roundtree
Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2018 IL App (1st) 172912
Decision Date: 
Wednesday, November 7, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH

Court entered order approving sale of foreclosed property. Court properly denied Defendant's petition to vacate that order. Defendant retroactively waived her objection to jurisdiction. Defendant failed to file her petition within 60 days of first participating in a hearing without filing an appearance, or of first filing official appearance, and did not seek extension of 60-day deadline. Thus, Section 15-1505.6 of Mortgage Foreclosure Law barred her from filing her challenge to the court's personal jurisdiction over her. (HOWSE and COBBS, concurring.)

JP Morgan Chase Bank v. Talaganov

JP Morgan Chase Bank v. Talaganov
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2018 IL App (1st) 180578
Decision Date: 
Friday, November 2, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Affirmed.
Justice: 
HARRIS

Court, in mortgage foreclosure proceeding, properly granted petition for turnover of surplus funds filed by holder of a junior mortgage. When a party seeks to establish a lien for purpose of distributing surplus proceeds, it is not required that amount of lien be proved up or adjudicated prior to distributing the proceeds. A valid junior lien may be satisfied under Illinois foreclosure law. (CUNNINGHAM and CONNORS, concurring.)

Sims v. New Penn Financial LLC

Federal 7th Circuit Court
Sims v. New Penn Financial LLC
Civil Court
Equal Credit Opportunity Act
Citation
Case Number: 
No. 18-1710
Decision Date: 
October 18, 2018
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-loan server’s motion for summary judgment in action under Equal Credit Opportunity Act, alleging that defendant discriminated against plaintiffs-home owners based on their race by failing to allow them to assume loan that prior owner of home had defaulted on, which placed said home in peril of being foreclosed on. Defendant explained that plaintiffs had failed to supply completed application to effectuate any loan assumption, and plaintiffs only evidence of race discrimination, i.e., statement by defendant’s employee to plaintiffs that “these people, you know how they treat us,” was too vague to support any claim that plaintiffs’ African American race motivated defendant to delay application process and to force them to satisfy prior owner’s outstanding loan payments. Moreover, plaintiffs’ prior satisfaction of prior owner’s overdue loan payments was consistent with applicable loan agreement.

In re Application of the County Treasurer

In re Application of the County Treasurer
Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2018 IL App (2d) 170418
Decision Date: 
Monday, October 15, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Court issued a tax deed for commercial property in Aurora to Petitioner, over objections of Respondent, who had leased one of the units at the property to Petitioner and his wife. Petitioner had no interest that would prevent issuance of tax deed to him. Lease did not obligate Petitioner to pay property taxes, and thus his status as a lessee did not prevent him from obtaining a tax deed. Petitioner submitted evidence of Respondent's anticipatory repudiation of contract to purchase, which were definite and unequivocal manifestations of its intent not to perform under the agreement.Judicial estoppel is not applicable, as Petitioner did not take factually inconsistent positions. (HUDSON and JORGENSEN, concurring.)

Jameson Real Estate, LLC v. Ahmed

Jameson Real Estate, LLC v. Ahmed
Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2018 IL App (1st) 171534
Decision Date: 
Friday, September 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
GORDON

After bench trial, court properly entered judgment in favor of Plaintiff real estate brokerage firm on its quantum meruit claim that Defendant failed to compensate it for brokerage services it provided to Defendant in the purchase of commercial real estate. Defendant purchased off-market real estate based on information provided to him by Plaintiff's broker and for which Plaintiff was not compensated. Plaintiff's broker introduced property to Defendant and acted as his agent throughout negotiations until Defendant decided he would structure deal in a different manner through suggestions of seller, without Plaintiff's knowledge and permission.Plaintiff's recovery was limited to the reasonable amount by which trial court found Defendant was unjustly enriched at Plaintiff's expense.(McBRIDE and BURKE, concurring.)

Doyle v. Village of Tinley Park

Doyle v. Village of Tinley Park
Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2018 IL App (1st) 170357
Decision Date: 
Friday, September 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
MASON

Plaintiffs filed negligence suit against Village and developer of subdivision where their home, which they alleged sustained structural damage due to drainage problems. Court properly dismissed suit against developers, as Plaintiffs lacked standing to sue under annexation agreement either as successor owners or as 3rd-party beneficiaries. Court properly granted summary judgment to Village, as it was immune from suit under Tort Immunity Act, as to actions in determining policy when acting in exercise of discretion. Remedial measures by Village work crews were discretionary in nature, and workers decided their actions were sufficient to fill in sinkhole and in other steps in repair process. (PUCINSKI and HYMAN, concurring.)