Real Estate Law

House Bill 1574

Topic: 
Foreclosure sales and security deposits
(Hernandez, D-Cicero; Collins, D-Chicago) requires the mortgagor must transfer to the purchaser any security deposit and accrued interest paid by a current occupant if the mortgaged real estate contains five or more dwelling units. Requires that the purchaser must post a notice that informs the occupant of the security deposit at each dwelling unit for which the purchaser has a security deposit within 21 days after the purchaser’s receipt of the security deposits. Passed both chambers.
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House Bill 1233

Topic: 
Cook County landlord and tenants
(Mayfield, D-Chicago; Jones, D-Chicago) requires landlords to “change or rekey” locks of rental property after a renter moves out if the new renter has a written lease agreement. If the landlord doesn’t do this, the landlord is liable for any damages for theft that occur. It exempts (1) apartment buildings with four units or less if the owner occupies one of the units or (2) the rented room is in a private home also occupied by the owner. Passed both chambers.
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Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration

By Shorge Sato
March
2011
Article
, Page 144
The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.

Senate Bill 1766

Topic: 
Lessees and criminal activity
(Wilhelmi, D-Joliet; DeLuca, D-Crete) makes two changes to leases and evictions. (1) Requires written leases to notify lessees that if the they use or permit activity that is a felony or Class A misdemeanor, they can be evicted. (Failure to do so doesn’t impair the lessor’s right to evict because of criminal activity.) (2) Allows a municipality’s corporation counsel to evict under this statute as well. Passed both chambers.
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House Bill 141

Topic: 
Illinois Radon Awareness Act
(Reitz, D-Sparta; Haine, D-Alton) changes the disclosure requirements under this Act and also expands it to leased property. If a lessee notifies a lessor that a radon test indicates a radon hazard in the dwelling unit, then the lessor must disclose that risk to any prospective lessee of that unit unless a later test indicates that it no longer exists. But if a lessor’s test indicates a radon hazard, then the lessor must notify current and prospective tenants of that unit. This Act does not apply to dwelling units located on the third floor or higher story or if the lessor has undertaken mitigation activities and a later test indicates that a radon hazard no longer exists. Passed both chambers.
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House Bill 1960

Topic: 
Mortgage foreclosure
(Coladipietro, R-Bloomingdale; Dillard, R-Westmont) makes a deadline for filing a motion to dismiss or to quash service that objects to the court's jurisdiction over the person, unless extended by the court for good cause shown, is 60 days after the earlier of the following: (1) the date that the moving party filed an appearance; or (2) the date that the moving party participated in a hearing without filing an appearance.If the objecting party files a responsive pleading or a motion before filing a motion objecting to personal jurisdiction, that party waives all objections to the court's jurisdiction over the party's person.Passed both chambers.
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Samuel C. Johnson 1988 Trust v. Bayfield County, Wisc.

Federal 7th Circuit Court
Samuel C. Johnson 1988 Trust v. Bayfield County, Wisc.
Civil Court
Property
Citation
Case Number: 
Nos. 09-2876 & 09-2879 Cons.
Decision Date: 
June 17, 2011
Federal District: 
W.D. Wisc.
Holding: 
Reversed
Dist. Ct. erred in granting judgment as matter of law in favor of defendant-County in action by plaintiffs to quiet title to their land when defendant sought to build snowmobile trail on abandoned railroad right of way across plaintiffs' lands. While defendant argued that it owned right of way by virtue of 1852 and 1922 federal statutes, record showed that applicable railroad had not complied with 1852 statute, and any abandoned railroad easement reverted back to plaintiffs' predecessors, as opposed to federal govt. Thus, defendant will need to either purchase instant right of way from plaintiffs or acquire it by exercise of its condemnation powers.

Distressed Homeowners Need Lawyers, Not Legislation

By Steven B. Bashaw & Joseph R. Fortunato
January
2011
Column
, Page 44
Those faced with foreclosure need legal advice, not more legislation.

Village of Algonquin v. Lowe

Village of Algonquin v. Lowe
Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
No. 2-10-0603
Decision Date: 
Wednesday, May 11, 2011
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
HUDSON
(Court opinion modified 6/1/11.) Court properly granted Section 2-1401 petition to vacate judgment in eminent domain condemnation proceeding, which gave Village title to land in Village, including property that Petitioners were using for their driveway. Village had not obtained personal jurisdiction over Petitioners, so that judgment was void as to them. Village did not obtain personal jurisdiction over Petitioners by publication service, as a plaintiff cannot obtain personal jurisdiction over a defendant that it has never sought to identify, and has described only as a class of nonrecord claimants. In an eminent-domain action, a court must have personal jurisdiction over affected persons. No statutory provision giving the effect of in rem judgments to condemnation judgments exists in Illinois. In rem actions bear formal markers of being in rem that are absent in eminent-domain actions. (ZENOFF and SCHOSTOK, concurring.)

House Bill 1153

Topic: 
Transfer on death instrument
(Bradley, D-Marion; Wilhelmi, D-Joliet) creates the Illinois Residential Real Property Transfer on Death Instrument Act. It transfers residential property on the death of the owner. The definition of “residential property” is borrowed from the Disclosure Act and the Mortgage Foreclosure Act. It requires the owner to sign in front of a notary and two credible witnesses. It was modeled after the Uniform Law Commission’s uniform act. It has passed both chambers and will be send to the Governor in the next 30 days. Effective date of Jan. 1, 2012.
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