Real Estate Law

Nationwide Financial, L.P. v. Pobuda

Nationwide Financial, L.P. v. Pobuda
Illinois Supreme Court
Civil Court
Easements
Citation
Case Number: 
2014 IL 116717
Decision Date: 
Thursday, September 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
THOMAS
Court erred in entering summary judgment for adjacent landowner which had filed declaratory judgment action claiming that neighboring landowners' use of a strip of its land amounted to trespass. Neighboring landowners satisfied elements of exclusivity and adversity necessary to establish claim for prescriptive easement. Although exclusivity is an element of a prescriptive easement claim, it does not require that claimant prove that titleholder was altogether deprived of possession and/or use of property during the 20-year period. Given absence of evidence that origin of the way was merely permissive, the presumption is that of a right or grant based on long acquiescence of owners on whose land the way is located. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

Deutsche Bank National Trust v. Cichosz

Deutsche Bank National Trust v. Cichosz
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 131387
Decision Date: 
Wednesday, September 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Court entered summary judgment for bank in foreclosure action, and confirmed sale and distribution of property of defendant homeowners. Defendants argued that all orders relating to foreclosure are void because MERS, the original plaintiff and mortgagee, operated as unregistered "debt collection agency" under Collection Agency Act. Defendants failed to set forth sufficient facts to establish that MERS is subject to Collection Agency Act, or that type of loan servicing done by MERS is equivalent to debt collection, or that inquiry is relevant as MERS is no longer plaintiff on record. (HOWSE and FITZGERALD SMITH, concurring.)

CitiMortgage, Inc. v. Moran

CitiMortgage, Inc. v. Moran
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 132430
Decision Date: 
Friday, August 29, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Bank filed mortgage foreclosure action, and one Defendant filed Section 2-619 motion to dismiss for lack of standing, on grounds that bank did not produce valid assignment of note and mortgage. Court properly entered default order against that Defendant. Although Defendant had never set his motion for hearing, motion had no merit, as he failed to provide appellate court with transcript of proceedings, and it is reasonable to conclude that trial court reviewed note and mortgage attached to complaint. Illinois Mortgage Foreclosure Law does not require plaintiff to submit any specific documentation demonstrating that it owns the note or right to foreclose on mortgage, other than copy of mortgage and note attached to complaint. (PALMER and TAYLOR, concurring.)

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.
Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2014 IL App (2d) 131311
Decision Date: 
Tuesday, September 2, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Certified question answered; remanded.
Justice: 
BURKE
Section 12 of Condominium Property Act does not impose on an insurance producer a duty giving rise to a statutory cause of action against that insurance producer. Section 12(a)(1) of that Act is intended to regulate insurance obligations of boards of managers of condo associations by specifying types of insurance boards are required to procure and when they must reassess their insurance needs.(ZENOFF and SCHOSTOK, concurring.)

Oviedo v. 1270 S. Blue Island Condominium Association

Oviedo v. 1270 S. Blue Island Condominium Association
Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2014 IL App (1st) 133460
Decision Date: 
Wednesday, August 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed in part and vacated in part; remanded.
Justice: 
MASON
Owner of condo in three-unit building alleged breach of fiduciary duty and violations of municipal codes and statutes as to inspection of Condo Association records. Court erred in granting partial summary judgment in two counts, because Plaintiff failed to satisfy proper purpose requirement, and Condo Association made requested records available for inspection within 30 business days as required by Condominium Act. Proper purpose requirement in Condominium Act and Not for Profit Act fills the gap as to requirement in Municipal Code, and Defendant failed to satisfy requirement that his request was made for a proper purpose. (NEVILLE and PUCINSKI, concurring.)

House Bill 4783

Topic: 
Condominium Property Act
(E. Chris Welch, D-Westchester; Steans, D-Chicago) was signed into law yesterday. It makes the following declarations unenforceable if they affect the common elements or more than one unit and require any of the following before the board can take legal action on behalf of the association: (1) consent of a percentage of unit owners; (2) arbitration; (3) mediation before an action may be filed in court; or (4) a restriction or delay in the board's ability to bring an action affecting the common elements or more than one unit. An otherwise unenforceable provision may be enforced after the election of the first-unit owner board of managers if it is approved by a unit-owner percentage vote of not less than 75 percent of the total in the aggregate of the undivided ownership of the common elements. Effective January 1, 2015.
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Public Act 98-1030

Topic: 
The Home Repair and Construction Task Force
(Williams, D-Chicago; Koehler, D-Peoria) creates the the Home Repair and Construction Task Force to study whether Illinois should enact legislation that requires home repair and construction contractors to be licensed by the State before being able to offer home repair and construction services and what are the qualifications that contractors must meet before being licensed. The Task Force must report back to the Illinois General Assembly on or before Nov. 1, 2015.
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Public Act 98-1042

Topic: 
Condominium Property Act
(Burke, D-Evergreen Park; Raoul, D-Chicago) amends the two acts that govern condos and common-interest communities so that communication may include “electronic transmission” for differing purposes under the two Acts. It creates procedures to do this that also require consent of the unit owner. It also prohibits secret ballots in elections for common-interest communities.
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BMO Harris N.A. v. Kautz

BMO Harris N.A. v. Kautz
Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (2d) 140399
Decision Date: 
Friday, August 22, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN
Bank did not have presumptive right to possess property or right to possess property or to have receiver appointed, in foreclosure proceedings. As there was one dwelling unit, which was property owner's primary residence, entire property was residential real estate, meaning that mortgagor has presumptive right to possession. (HUTCHINSON and HUDSON, concurring.)

Excalibur Energy Company v. Rochman

Excalibur Energy Company v. Rochman
Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2014 IL App (5th) 130524
Decision Date: 
Monday, August 18, 2014
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Reversed and remanded with directions.
Justice: 
SCHWARM
(Court opinion corrected 8/22/14.) Plaintiff energy company filed complaint in ejectment claiming ownership to property and alleging that tax deed from which Defendant claimed ownership of same property was void from lack of notice to energy company's predecessor in title. Section 2-1401 of Code of Civil Procedure is the only vehicle for Plaintiff to vacate a tax deed. Complaint in ejectment is not a valid attack on tax deed, as Section 22-45 of Property Tax Code establishes three very limited ways to set aside a tax deed. (GOLDENHERSH and CATES, concurring.)