Real Estate Law

U.S. Bank National Association v. Prabhakaran

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2013 IL App (1st) 111224
Decision Date: 
Friday, February 15, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
REYES
In foreclosure action, confirmation of judicial sale was not rendered void by bank accepting additional payments from homeowner after entry of judgment of foreclosure. Defendant failed to appeal confirmation of sale within 30-day period per Rule 303(a)(1), and cannot use Section 2-1401 of Code of Civil Procedure to circumvent Section 15-1509 of Foreclosure Law after court confirms sale. (LAMPKIN and HALL, concurring.)

Senate Bill 1602

Topic: 
Mortgage foreclosure
(Collins, D-Chicago) does four things in the mortgage foreclosure article. (1) Allows the landlord terminate a tenancy established before the confirmation of sale only (a) at the end of the term of the lease agreement by written notice issued not earlier than 90 days before the end of the term of the lease; or (b) in the case of a month-to-month or week-to-week tenancy, by 90 days' written notice. (2) Entry of a judgment of foreclosure does not terminate or otherwise affect the rights or interest of any occupant of a dwelling unit who has a lease or tenancy resulting from an arm's-length transaction and who is not the mortgagor, whether or not the occupant has been made a party in the foreclosure. (3) The holder of the certificate of sale, the holder of the deed issued under that certificate, or if no certificate or deed was issued, the purchaser at the sale shall: (a) assume the lease or tenancy of the mortgaged real estate resulting from an arm's length transaction entered into before the confirmation of sale; (b) assume any federal, state, or local housing subsidy contract for the dwelling unit for the duration of the contract or the assumed lease, whichever is shorter; (c) assume his or her interest in the mortgaged real estate subject to the rights of any occupant; and (d) not terminate the occupancy or any occupant's tenancy except as otherwise provided in the Code. (4) Requires the purchaser who offers money or other valuable consideration to an occupant of a dwelling unit as an incentive to vacate the premises to tender the offer in accordance with specified conditions. Just introduced.

Gotham Lofts Condominium Association v. Kaider

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2013 IL App (1st) 120400
Decision Date: 
Tuesday, February 5, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
CONNORS
Process of condo association taking possession of condo after condo owner fails to pay assessments is a powerful remedy but is under firm statutory control. Court must confine its inquiry to issue of possession, in hearing on motion to vacate judgment of possession. Issues of condo association's duties as to lease and property manager's negligence are not germane to possession and cannot be considered in limited context of forcible entry and detainer action.(HARRIS and SIMON, concurring.)

NAB Bank v. LaSalle Bank, N.A.

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2013 IL App (1st) 121147
Decision Date: 
Tuesday, January 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT

(Court opinion corrected 1/24/13.) Sale price of $20,000, generated at a forced judicial sale of an undivided half-interest in a single-family home, even when compared to $120,000, which is one-half the full appraised value of the property, is not unconscionably low. Inadequacy of sale price alone is not sufficient reason to deny confirmation of judicial sale. Sale was just, as no defects in sale process were alleged, and fair sale price of a one-half interest in a single-family home must be significantly discounted from amount calculated by dividing in half value of entire property. (HOFFMAN and ROCHFORD, concurring.)

Spanish Court Two Condominium Ass’n v. Carlson

Illinois Supreme Court PLAs
Civil Court
Forcible Entry and Detainer Act
Citation
PLA issue Date: 
January 30, 2013
Docket Number: 
No. 115342
District: 
2nd Dist.
This case presents question in Forcible Entry and Detainer Act action seeking possession of defendant’s condominium, as well as award of unpaid assessments, as to whether trial court properly struck defendant’s affirmative defense of justification in withholding said assessments due to plaintiff’s alleged breach of its duty to repair and maintain common areas of condominium building. Appellate Court, in partially reversing trial court, found that defendant could assert as affirmative defense said alleged breach of duty to repair common areas of condominium building and withhold assessments, but could not assert affirmative defense or withhold assessments arising out of any claim that plaintiff damaged defendant's condominium.

Real Estate and Avoiding Probate: The Case for Land Trusts

By David J. Lanciotti
February
2013
Article
, Page 86
While both land trusts and transfer on death instruments allow residential real estate to transfer outside probate, the land trust has important advantages for some clients, this author argues.
1 comment (Most recent January 24, 2013)

Bank of America, N.A. v. Freed

Illinois Appellate Court
Civil Court
Receivers
Citation
Case Number: 
2011 IL App (1st) 110749
Decision Date: 
Friday, December 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
QUINN
Bank filed action to foreclose $205 million loan guaranteed by Defendants. As Defendants disputed appointment of a receiver for 341 days, during which Bank incurred substantial additional legal fees, court properly entered judgment pursuant to "carve-out" provision of guaranty requiring Defendants to pay full amount due plus costs and interest if they took "any action" in connection with appointment of a receiver. An Illinois LLC has no interest that is affected when a charging order is entered on a judgment debtor's distributional interest because the party for whom order is entered is not an owner of LLC and has no authority over its affiars; thus, LLC has no interest to be protected and need not be made a party. (HARRIS and CONNORS, concurring.)

A.M. Realty Western, LLC. v. MSMC Realty, LLC.

Illinois Appellate Court
Civil Court
Landlord Tenant
Citation
Case Number: 
2012 IL App (1st) 121183
Decision Date: 
Friday, November 30, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Reversed and remanded.
Justice: 
R. GORDON
(Court opinion corrected 1/3/13.) Plaintiff realty company sued former tenant to collect monthly payments that former tenant had agreed to pay, in addition to rent, for building improvements. Court erred in holding that sale of property extinguished Plaintiff's standing to sue for HVAC payments under the lease. Debt claimed in Complaint matured before the property was sold, and thus debt did not pass on to the subsequent property owners. (HALL and GARCIA, concurring.)

EMC Mortgage Corporation v. Kemp

Illinois Supreme Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2012 IL 113419
Decision Date: 
Friday, December 28, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Appellate court affirmed; appeal dismissed.
Justice: 
FREEMAN
Appellate jurisdiction does not exist to consider a challenge to an order issued during the pendency of a mortgage foreclosure action. The order confirming sale, rather than judgment of foreclosure, operates as a final and appealable order in a foreclosure case. (KILBRIDE, THOMAS, GARMAN, BURKE, and THEIS, concurring.)