Publications

Section Newsletter Articles on Real Property

The Seventh Circuit and Illinois General Assembly agree: Strict compliance with the Illinois Conveyances Act not necessary for enforcing mortgages in Illinois By Kelly M. Greco Real Estate Law, April 2014 This article begins with an overview of the enforceability of mortgages in Illinois, and then examines the conflicting case law of the lower courts and the Seventh Circuit’s decision in In re Crane. Finally, the author discusses the legislative amendment to the Act in 2013 and how it affects real estate professionals moving forward.
Caveat lessor By Joel L. Chupack Real Estate Law, March 2014 A look at some issues and problems raised by the The State of Illinois' and the City of Chicago's laws affecting the relationship between purchasers of distressed residential real estate and the tenants who occupy them.
Developing a game plan for residential foreclosures By Ebony R. Huddleston General Practice, Solo, and Small Firm, March 2014 Illinois has one of the longest residential foreclosures processes in the country. Residential foreclosures can be a complex maze for practitioners and homeowners to navigate. For that reason, it is important to develop a game plan before proceeding to file a foreclosure complaint so practitioners can anticipate potential pitfalls the lender may encounter by pursuing the foreclosure action.
Past-due condominium assessments and the FDCPA By Nancy Hyzer Real Estate Law, February 2014 Recently the Northern District Court of Illinois issued a Memorandum Opinion in a class action suit claiming a FDCPA violation against a law firm representing a condominium association on a past-due assessment collection effort.
Real estate in Israel—Prepare for probate By Deborah Opolion-Elovic International and Immigration Law, January 2014 A look at the Israeli laws and procedures relating to a U.S. citizen who dies leaving real estate in Israel, and practical advice to those who currently hold real estate in Israel to ease the property's future transfer.
Royalties and existing oil & gas leases with horizontal drilling technology may not be what it seems By William J. Anaya Real Estate Law, January 2014 With hydraulic fracturing on the horizon in Illinois, lawyers should review existing oil and gas leases to determine if the royalty payment provision in the existing leases describes what is intended in 2014.
First District examines punitive damage standards in fraud suit By Paul B. Porvaznik Real Estate Law, December 2013 In K2 Development, LLC v. Braunstein, the First District addressed Illinois law’s compensatory and punitive damages guideposts in a convoluted real estate fraud suit filed by an LLC against one of its two members.
Real estate in Israel—Prepare for probate By Deborah Opolion-Elovic Trusts and Estates, November 2013 A look at the Israeli laws and procedures relating to a U.S. citizen who dies leaving real estate in Israel, and practical advice to those who currently hold real estate in Israel to ease the property's future transfer.
Kalkman v. Nedved, IL App. 3d (120 800) (2013) By Philip J. Vacco Real Estate Law, October 2013 This recent decision from the Third District Appellate Court stands to remind every buyer that the common law doctrine of caveat emptor is still alive and well in the Land of Lincoln.
A stipulation? By Bryan P. Lynch Real Estate Law, August 2013 While stipulations can help narrow issues for trial, any indefinite language in a stipulation can cause considerable headache down the road, even depressing an owner’s property value.
May a condemnor abandon its take? By Bryan P. Lynch Real Estate Law, July 2013 The law is clear: When the owner is defending against the taking of property rights initially deemed necessary but subsequently abandoned, the condemnor should bear the burden of its own changed mind.
The New Property Tax Exemptions Rules for Not-for-Profit Hospitals and Hospital Affiliates in Illinois By Kelly M. Greco Real Estate Law, June 2013 This article first discusses the background of property tax exemption in Illinois and the supreme court’s decision in Provena. The article then discusses the Act’s amendment to the Code and how property tax exemptions for not-for-profit hospitals and hospital affiliates will be analyzed moving forward.
No good deed goes unpunished: HB 2832 will imbue the county recorder with unprecedented powers that will wreak havoc on real estate transactions By Adam B. Whiteman Real Estate Law, May 2013 The Illinois House has recently passed HB 2832, a bill which, if it becomes law, will create problems that will far outweigh its potential benefit.
Condominium and homeowner association assistance By Nancy Hyzer Real Estate Law, April 2013 The Real Estate Law Section Council has considered The Condominium Ombudsperson Act (HB 1293) over the past few years and has consistently taken the position not to support the bill.
Waiving Special Exceptions 2 (a) and (b) is not always appropriate By Christine Sparks Real Estate Law, April 2013 This article addresses not waiving 2 (a) and (b) when there has been work done on the property or when work that has not been performed has already been contracted for.
Under Illinois law, what constitutes a lack of standing in mortgage foreclosures? By Steve Caravajal Real Estate Law, March 2013 Despite the fact the “lack of standing” is one of the most often asserted defenses in foreclosure proceedings, there are only a handful of recent appellate opinions which have addressed this ubiquitous issue. This article offers a look at one of the most recent opinions, Deutsche Bank Nat’l Trust Co. v. Gilbert, and discusses the effect it is likely to have or should have in foreclosure proceedings to come.
New radon requirements and changes to radon disclosure in 2013 By Kelly M. Greco Real Estate Law, February 2013 On August 17, 2012, Governor Quinn approved House Bill 4606, which created new radon requirements in Illinois as well as changes to radon disclosure by amending both The Child Care Act of 1969 and The Illinois Radon Awareness Act.
Practical solutions for handling association issues when a condominium unit owner is in distress By Erica Crohn Minchella Real Estate Law, February 2013 When you are representing a homeowner of a condominium or townhome, the issues of the association should be considered as being on the same side, not in opposition, to that of the homeowner.
The implied warranty of habitability and protecting your contractor and property vendor clients By Jason G. Schutte Real Estate Law, January 2013 This article will provide a brief history of the implied warranty of habitability, a description of who it applies to, the basic elements of a cause of action under the warranty and effective practices to disclaim the warranty.
Is a failure to repair common elements germane to a forcible entry and detainer suit brought by a condo association against a unit owner? By Adam B. Whiteman Real Estate Law, January 2013 The Spanish Court decision effectively adds a judicially created provision to the Condominium Property Act that would permit a unit owner to withhold payment of their assessments if they believe the association is interrupting an expectation of “maintenance-free” living.
Putting the short into short sales By Philip J. Vacco Commercial Banking, Collections, and Bankruptcy, January 2013 Effective November 1, 2012, Fannie Mae’s and Freddie Mac’s new and improved preforeclosure sales program will officially be known as “Standard Short Sale/HAFA II.
Real estate ethics corner By Michael J. Rooney Real Estate Law, December 2012 In re David Andre Bertha involves a complaint filed against an attorney for holding an earnest money escrow in connection with a real estate transaction.
Foreclosures and real property tax valuation revisited: Continuing challenges and responses By Thomas A. Jaconetty State and Local Taxation, October 2012 A look at the complex issues involved in determining market value of real property in the current economic environment without comprising the principles of appraisal and valuation of real property.
Putting the short into short sales By Philip J. Vacco Real Estate Law, October 2012 Effective November 1, 2012, Fannie Mae’s and Freddie Mac’s new and improved preforeclosure sales program will officially be known as “Standard Short Sale/HAFA II.
Real estate ethics corner By Michael J. Rooney Real Estate Law, October 2012 In re: Marc Robert Engelmann resulted in disbarment by consent of a lawyer convicted by the federal court in the Southern District of Iowa of conspiracy, bank fraud and wire fraud. 
Real estate ethics corner By Michael J. Rooney Real Estate Law, September 2012 Two recent disciplinary cases are instructive beyond the general admonition not to “do bad things” because violations of provisions of the Rules of Professional Conduct other than those prohibiting dishonesty and conduct prejudicial to the administration of justice were cited. 
Nightmare on _______ Street: The hidden costs of private streets and reciprocal easements By Adam B. Whiteman Real Estate Law, August 2012 Whenever you detect that a client is purchasing property on a private street, you should immediately determine who is responsible for its maintenance and upkeep.
Real estate ethics corner By Michael J. Rooney Real Estate Law, August 2012 An examination of In re: John Walsh, in which a Complaint was filed against Mr. Walsh by the ARDC because he improperly paid two obligations of a title insurance agent LLC with funds from an escrow account of the title insurance agent.
Real estate ethics corner By Michael J. Rooney Real Estate Law, June 2012 In the current real estate market, foreclosure rescue schemes and scams and short-sales abound. Real estate lawyers do well to recognize when they are involved in a transaction that may take one or more “funny” turns that end up not being very humorous for the lawyer.
Deconstructing condominiums and reinventing communities By Nancy Hyzer Real Estate Law, May 2012 Post-2008, condominium ownership was especially hard hit by the housing market decline due to a number of factors the result of which led to abandoned foreclosed units, associations facing bankruptcy, and sellers searching for buyers and buyers looking for loans.