Publications

Section Newsletter Articles on Real Estate Law

Relying on a homestead exemption? Make sure your client is on title By Jeffrey A. Mollet Agricultural Law, September 2014 The recent decision of GMAC Mortgage, LLC, v. Arrigo et al demonstrates the pitfalls that not formalizing title may bring.
A guide to repairing broken condominiums By Richard F. Bales Real Estate Law, July 2012 An overview of Sections 16, 15, and 14.5 of the Condominium Property Act, which can be very effective in rescuing troubled condominium projects.
Real estate ethics corner By Michael J. Rooney Real Estate Law, January 2012 In both disciplinary matters discussed here, the attorney sent postcards to prospective clients indicating he would handle real estate transactions for a set fee without disclosing that he would also receive title insurance premiums and, in the earlier case, fees for surveys, both from companies in which he had an ownership interest. Moreover, his ownership interest in those entities was not disclosed. 
Transfer on Death Instruments and title insurance: Two significant problems By Douglas M. Karlen Real Estate Law, January 2012 The Transfer on Death Instrument Act is new, complex, and untested. It presents to title insurers numerous issues that may be difficult to resolve. The discussion that follows highlights two of these issues: (1) insuring subsequent purchasers when title is derived through a TODI and (2) insuring title when a recorded TODI is not timely or properly accepted by its beneficiaries.
The 2011 ALTA/ACSM Land Title Survey Standards By Richard F. Bales Real Estate Law, December 2011 The 2011 ALTA/ACSM land title survey standards are the culmination of two years of work by a committee made up of land surveyors, attorneys who represent lenders, and title company attorneys.
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2011 In re Shaveda Monique Scott involved a five-count complaint against an attorney for failing to disclose her financial interest stemming from her role as a registered title insurance agent when representing clients in six transactions and for violating the rules regarding conflicts of interest by improperly representing both buyers and seller in four of those matters.
Navigating mechanics liens through hostile “ground lease” territory By Phillip R. Van Ness Real Estate Law, October 2011 Most real estate practitioners are well acquainted with the common “Ground Lease” and the even more common Mechanics’ Lien. But reconciling these stalwart fixtures of real property law can pose practical problems which are magnified in the current real estate market.
Using a probate citation for recovering real estate & more… By Philip E. Koenig Trusts and Estates, October 2011 An overview of Citations for Recovery of property, who may bring a citation proceeding and what property may be recovered in such a proceeding, as well as some sample pleadings.
The Civil Union Act and the execution and preparation of real estate documents By Richard F. Bales Real Estate Law, September 2011 The Civil Union Act brings many new challenges to real estate practitioners. For example: How should parties to a civil union be described in deeds and other documents? How should the issue of homestead be addressed in these documents? Can parties to a civil union own their home as tenants by the entirety, and if so, how should they be described in the deed?
Protecting clients from danger in a 1031 Safe Harbor By Jack H. Tibbetts Real Estate Law, June 2011 The IRS regulation 2010-14 is a welcome safe harbor for solving some of the confusion and taxation issues when a Qualified Intermediary in a 1031 exchange files for bankruptcy protection or is subject to a receivership proceeding.
Viewing an encroachment problem through the dual lens of the real estate contract and the 2006 ALTA owner’s title insurance policy By Richard F. Bales Real Estate Law, June 2011 The title company failed to show a six-inch encroachment of a neighboring single family residence onto the property in question when it issued its owner’s policy in 2008. Three years later, it is now being asked to insure the property again. How should the title company address this encroachment problem?
Tax increment financing: A public financing tool for private redevelopment By Nancy Hyzer Real Estate Law, May 2011 The first in a series of articles exploring the creation and evolution of tax increment financing utilized by municipalities and developers over the past 34 years throughout the State of Illinois.
A means to avoid probate when real estate is involved? By Emily R. Vivian Real Estate Law, April 2011 An explanation of the Transfer on Death Instrument (TODI) and the ISBA's proposed Illinois Residential Real Property Transfer on Death Instrument Act.
Public insurance adjuster contracts and new licensing requirements By Nathan B. Hinch Real Estate Law, April 2011 Illinois’ licensing requirements for public insurance adjusters changed effective January 1, 2011, pursuant to the Illinois Public Adjusters Law.
2010 case law update By Steven B. Bashaw and Joseph R. Fortunato Jr. Real Estate Law, February 2011 A summary of recent real property cases.
2010 Legislation update: Real estate and estate planning and administration By Gary R. Gehlbach Real Estate Law, February 2011 New legislation affecting real property practitioners.
Case law update: Real estate contracts By Steven B. Bashaw and Joseph R. Fortunato Jr. Real Estate Law, January 2011 Recent cases of interest to real estate practitioners.
The use of receiverships for managing troubled assets By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2010 Receiverships are something that all lenders should consider in managing distressed real estate. Lenders should also consider creative ways for receivers to manage distressed assets to meet the needs of a particular asset.
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet Agricultural Law, December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.
Commercial real estate foreclosures in Illinois—They’re not always the same By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, November 2009 With the proliferation of real estate foreclosures in these difficult economic times, many experienced practitioners are finding themselves involved in some aspect of foreclosure litigation for the first time. 
Transfer on death designations and title to real estate By Werner Gruber Elder Law, July 2009 Various methods exist to transfer property outside probate upon one’s death. One such tool, developed for use with bank accounts, involves a pay-on-death (POD) designation. Another tool, developed for use with securities, involves a transfer-on-death (TOD) designation.