Real Estate Law

1002 E. 87th Street, LLC v. Midway Broadcasting Corp.

1002 E. 87th Street, LLC v. Midway Broadcasting Corp.
Illinois Appellate Court
Civil Court
Leases
Citation
Case Number: 
2018 IL App (1st) 171691
Decision Date: 
Tuesday, June 5, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

(Court opinion corrected 8/21/18.) A new landlord does not have a right to recover rent due from before it owned the property. A nonwaiver clause in lease does not allow new landlord to demand compliance with obligations that were owed to original landlord. New landlord cannot file suit for breach of guaranty or collect under guaranty for failure to pay past due rent because it does not have standing to sue.(MASON and PUCINSKI, concurring.)

Public Act 100-786

Topic: 
Trust and Trustees Act

(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Effective January 1, 2019. 

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Public Act 100-722

(Althoff, R-McHenry; Martwick, D-Chicago) amends the State Tax Lien Registration Act to provide that the notice of tax lien must also include the county or counties where the real property of the debtor to which the lien will attach is located. Provides that a tax lien that is filed in the registry must be attached to all of the existing and after-acquired real and personal property of the debtor. Effective August 3, 2018. 

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Paliatka v. Bush

Paliatka v. Bush
Illinois Appellate Court
Civil Court
Mortgages
Citation
Case Number: 
2018 IL App (1st) 172435
Decision Date: 
Wednesday, July 18, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Affirmed.
Justice: 
COBBS

Court properly dismissed complaint with prejudice, as Plaintiff was unable to state a cause of action for an equitable mortgage, as Plaintiff stated that there was no written agreement subrogating him to the original mortgage on the property. Plaintiff does not meet requirements for contractual subrogation, as no evidence of an express agreement, and he did not record his lien. No debt, duty, or obligation is owed to Plaintiff, and thus he cannot state a cause of action for an equitable lien. (HOWSE and LAVIN, concurring.)

Public Act 100-659

Topic: 
Multiple guardianships

(Olsen, R-Downers Grove; Syverson, R-Rockford) provides that before the court appoints an individual as guardian of the person or estate of an adult with disabilities, the individual must disclose to the court the number of disabled adults to which the individual is currently appointed as guardian. If it is more than five, then then circuit court clerk must notify the Guardianship and Advocacy Commission no later than seven days after the entry of the order. Exempts the Office of the State Guardian and public guardians from the new provisions. Effective January 1, 2019.

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Squires-Cannon v. Forest Preserve Dist. of Cook County

Federal 7th Circuit Court
Squires-Cannon v. Forest Preserve Dist. of Cook County
Civil Court
Fifth Amendment
Citation
Case Number: 
No. 16-3131
Decision Date: 
July 26, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for failure to state valid claim plaintiffs-property owners’ action alleging that defendant-Forest Preserve’s passing of ordinance creating forest preserve district for lands that included plaintiffs’ estate violated 5th Amendment’s Takings Clause, since enactment of ordinance did not constitute regulatory taking and did not otherwise effect actual acquisition of subject estate. Moreover, defendant’s purchase and foreclosure on mortgage covering said estate did not constitute unconstitutional taking, since: (1) defendant was merely exercising its contractual right to obtain said estate, as opposed to exercising any governmental prerogative; and (2) terms of mortgage note allowed lender to assign note to anyone without plaintiffs’ consent. Dist. Ct. also did not err in dismissing plaintiffs’ fraudulent concealment action against attorney arising out of plaintiffs’ claim that said attorney did not disclose his relationship with Forest Preserve during negotiations with plaintiffs for agreement on deed in lieu of foreclosure. Plaintiffs had failed to allege any plausible damage arising out of attorney’s alleged conduct, where plaintiffs’ had defaulted on mortgage note that was eventually assigned to Forest Preserve.