Publications

Illinois Bar Journal
Articles on Real Estate Law

Foreclosure and Divorce - Borrower’s Rights in the Face of Two “Wrongs” By Joseph R. Fortunato and Steven B. Bashaw October 2010 Column, Page 544 Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?
The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures By Kevin M. Hudspeth October 2010 Article, Page 520 Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?
The New, Improved Home Repair and Remodeling Act By Adam B. Whiteman September 2010 Article, Page 462 ISBA-inspired changes specify that a homeowner's remedy for an HRRA violation is to sue under the Consumer Fraud and Deceptive Business Practices Act.
Reinstatement of real estate license. PA 096-0989 September 2010 Illinois Law Update, Page 452 The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 
Tenancy by the entirety gets a boost By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.
2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
ABN AMRO: A victory for the foreclosed-upon By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.
Real estate lawyers: beware short-sale fee agreements By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.
The Foreclosure Explosion: How Illinois Courts Are Responding By Joseph R. Fortunato and Steven B. Bashaw July 2010 Column, Page 380 How judges, lawyers, and litigants in Chicagoland are responding to the foreclosure crisis.
ISBA Opinion 10-02 Reins in Real Estate Brokers By Peter J. Birnbaum April 2010 Column, Page 212 This new ethics opinion is good news for real estate lawyers, the author contends.
See comments from our readers April 2010 Column, Page 170 Habitability warranty disclaimers; FOIA attorney fees; family law attorney fees
The Implied Warranty of Habitability in Illinois: A Critical Review By Roger L. Price and M. Ryan Pinkston February 2010 Article, Page 92 A look at the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers.
Is Selling Title Insurance a “Business Transaction”? By Joseph R. Fortunato and Steven B. Bashaw January 2010 Column, Page 50 A reference to the sale of title insurance in the new rules has some lawyers concerned.
Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111 December 2009 Illinois Law Update, Page 604 Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 
New law brings transparency to homestead assessments. PA 096-0122 November 2009 Illinois Law Update, Page 552 State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 
Could a “Clunker” Program Solve the Real Estate Lending Problem? By James K. Weston October 2009 Column, Page 530 How about letting homeowners trade in their high-interest mortgages for fixed-term models?
Presenting property tax appeals October 2009 Column, Page 532 Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?
The right to a jury trial is not guaranteed in an action nonexistent at common law. October 2009 Illinois Law Update, Page 496 On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
A property owner has a duty to provide a safe means of ingress and egress only for areas clearly designated for such purposes August 2009 Illinois Law Update, Page 392 On May 29, 2009, the Illinois Appellate Court, Third District, affirmed the Circuit Court of Warren County's grant of summary judgment for the defendant after the plaintiff fell and injured himself on the defendant's property and sued defendant. 
Missing Mortgage Funds and a Notary Conflict By James K. Weston July 2009 Column, Page 372 Financial institutions seem to be hoarding bailout money, not lending it.
Correspondence from Our Readers By Anthony C. Raccuglia May 2009 Column, Page 218 Fending off foreclosure - who controls the debt?; Don't allow parties to depose their own experts.
Foreclosure defense a practice option real estate lawyers By Helen W. Gunnarsson May 2009 Lawpulse, Page 220 Representing foreclosed-on homeowners might be a way for real estate lawyers to pick up slack left by the weak economy.
Real Estate on Hold By James K. Weston April 2009 Column, Page 206 The real-estate market, still frozen by fear, is producing few opportunities.
Creative ways to fend off foreclosure By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.
The Illinois Mortgage Foreclosure Law 20 years later By Helen W. Gunnarsson February 2009 Lawpulse, Page 64 One of the drafters of the statute describes how it improved the procedure process and what loose ends remain.
Attorney censured for not disclosing “controlled business arrangement” By Helen W. Gunnarsson January 2009 Lawpulse, Page 10 The ARDC Hearing Board found that a Mundelein lawyer/title agent didn't make disclosures to clients required by the Title Insurance Act.
New RESPA Regulation Finally Arrives By James K. Weston January 2009 Column, Page 52 HUD has finally pushed out its RESPA regs. Here's an at-a-glance review.
Real estate lawyers fear “law related services” definition By Helen W. Gunnarsson January 2009 Lawpulse, Page 10  Defining "law related services" in Illinois' ethics rules could encourage UPL, pose malpractice risks, and cause other problems, real estate lawyers tell the supreme court.
New homeowner notice required in foreclosure actions. PA 095-0961 December 2008 Illinois Law Update, Page 612 On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879