Real Estate Law

Deutsche Bank National Trust Co. v. Estate of Schoenberg

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2018 IL App (1st) 160871
Decision Date: 
Monday, March 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
PIERCE

(Court opinion corrected 6/26/18.) In mortgage foreclosure action, court granted summary judgment in favor of bank, entered judgment of foreclosure and sale and approving report of sale and distribution, and dismissing affirmative defense of standing. Amendment to section 15-1501(h) of Foreclosure Law is procedural and may be applied retroactively, As legal holder of promissory note, which it attached to complaint, Plaintiff bank was entitled to pursue foreclosure action.(HARRIS and MIKVA, concurring.)

Pluciennik v. Vandenberg

Illinois Appellate Court
Civil Court
Fraudulent Transfer Act
Citation
Case Number: 
2018 IL App (3d) 160726
Decision Date: 
Wednesday, June 20, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed in part and reversed and remanded in part.
Justice: 
LYTTON

Plaintiffs filed complaint seeking to avoid transfer of real estate from companies owned and managed by Defendant to companies held in irrevocable trusts for the benefit of his minor daughters.All 3 properties in question were encumbered by mortgages, which are valid liens under the Uniform Fraudulent Transfer Act. Court erred in determining, as a matter of law, that the properties were not assets because they were fully encumbered, without evidence of the fair market value of the parcels. Material issue of fact as to the reasonable value of the properties and whether properties were fully encumbered, and remanded to determine fair market value and calculation of value of transfer in excess of mortgages. The fair market value of encumbered property that exceeds the value of a valid lien qualifies as an asset under Illinois Uniform Fraudulent Transfer Act.(OBRIEN and WRIGHT, concurring)

Senate Bill 3103

Topic: 
Immigrant Tenant Protection Act

(Castro, D-Elgin; Mah, D-Chicago) prohibits a landlord from (1) threatening to disclose or disclosing information regarding the immigration or citizenship status of a tenant to any person with the intent of harassing or intimidating the tenant for exercising his or her rights; or (2) bring an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant. A landlord is not liable for complying with the law or a court order. A similar affirmative defense is created as a defense to an eviction action. Passed both chambers. 

 

 

House Bill 4594

Topic: 
Court fees and fines

(Andersson, R-Geneva; Mulroe, D-Chicago) creates the Criminal and Traffic Assessment Act. The Act would standardize court-filing fees and fines into 13 schedules of potential assessments for criminal and traffic offenses, and four schedules for civil court cases, which are divided by the kind of offense or case. The Act also caps the maximum amount of money that can be assessed under each schedule and for various services or filings within the court process. The money collected under these assessment schedules would then be distributed at the state, county, and local levels for officials to decide how to best allocate their portion for maintaining the courts. House Bill 4594 would also provide a sliding-scale waiver for some civil litigants and criminal defendants depending on their income relative to the federal poverty level. House Bill 544 (Mulroe, D-Chicago; Andersson, R-Geneva) is a trailer bill to resolve technical concerns. Both bills passed both chambers. 

House Bill 5047

Topic: 
Presumptively Void Transfer

(Welch, D-Westchester; Harmon, D-Oak Park) provides that if the property is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs before the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property the transfer is challenged. Passed both chambers. 
 

House Bill 4317

Topic: 
The Service Member Residential Property Act

(Unes, R-Pekin; Koehler, D-Peoria) provides that if a service member who has entered into a residential leases covered by this Act is killed in action or while on active duty, then the immediate family or dependents of the service member may terminate the lease. Passed both chambers. 

House Bill 5201

Topic: 
Mechanics Lien Act

(Ford, D-Chicago; Castro, D-Elgin) create a three-year pilot program that allows the recorder of deeds to establish an administrative law process to adjudicate expired mechanic’s liens that have been recorded but not litigated or released under the Mechanics Lien Act. Passed both chambers. 

House Bill 4951

Topic: 
Security Deposit Return Act

(Halpin, D-Rock Island; Raoul, D-Chicago) provides that if a written lease specifies costs, they must be for damage beyond normal wear and tear and reasonable to restore the leased premises to the same condition at the time the lease began. Passed both chambers.