Illinois Bar Journal

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Articles on Real Estate Law

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.
Are Nonprofit Hospitals Charitable Institutions? By Antonio Senagore February 2011 Article, Page 96 Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.
Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248 January 2011 Illinois Law Update, Page 16 Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).
Distressed Homeowners Need Lawyers, Not Legislation By Steven B. Bashaw and Joseph R. Fortunato January 2011 Column, Page 44 Those faced with foreclosure need legal advice, not more legislation.
Property owners can seek tax reimbursement for annexed properties. PA 096-1351 January 2011 Illinois Law Update, Page 16 Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.
Transfer fee covenants prohibited. PA 096-1345 January 2011 Illinois Law Update, Page 16 The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.
Changes in forms of property tax payment. PA 096-1250 October 2010 Illinois Law Update, Page 508 The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).
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.