Publications

Section Newsletter Articles on Real Property

7th Circuit speaks on ethics By Michael J. Maslanka Real Estate Law, August 2015 Takeaways from Peterson v. Katten Muchin Rosenman LLP of interest to transactions attorneys.
Be aware—An Illinois builder can be liable to subsequent purchasers for a breach of the implied warranty of habitability regardless of a valid waiver in the construction contract with the original purchaser By Richard Guerard Real Estate Law, August 2015 What can a builder do in its agreements to address this issue of liability to subsequent purchasers of a home for the implied warranty of habitability for latent defects?
What’s old is now new: Application of the implied warranty of habitability to purchasers of three-year-old property—Editor’s comment By Adam B. Whiteman Real Estate Law, August 2015 Newsletter editor Adam Whiteman discusses the implications and questions brought by the recent case of Fattah v. Bim.
The “M” word—Mold is manageable By William J. Anaya Environmental Law, June 2015 An overview of how to handle a mold discovery.
The “M” word—Mold is manageable By William J. Anaya Real Estate Law, May 2015 An overview of how to handle a mold discovery.
The Illinois Supreme Court’s decision in Spanish Court Two Condominium Association v. Carlson— What is the next step? By Ellis B. Levine Real Estate Law, April 2015 The author of this article, the sponsor of many of the major provisions of the Illinois Condominium Property Act during his 16 years as a member of the Illinois General Assembly, agrees with the majority decision—that condominium law was intended to be statutory in nature, and therefore, that the obligation to pay assessments was absolute, but also agrees with Justice Freeman and the other dissenting justices as to the need for the General Assembly to provide additional mechanisms for condominium board accountability, some of which he spells out here.
Second District Appellate Court delivers relief for condo insurers, grief for condo boards By Sharon L. Eiseman Real Estate Law, March 2015 The opinion in Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc. serves as a cautionary tale for condominium association boards.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2015 A summary of the recent case of GMAC Mortgage, LLC v. Arrigo.
Special Warranty Deeds—For the rest of us By Joseph R. Fortunato, Jr. Real Estate Law, February 2015 The author has approximately 20 years of experience drafting Special Warranty Deeds at closing, and provides a sample form.
What is due and what is not due: That is the question By Amber L. Michlig Commercial Banking, Collections, and Bankruptcy, February 2015 A look at the rights and responsibilities for all parties under the Condominum Property Act.
Lien Cuisine (Or not so lien cuisine): Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, December 2014 Recent cases of interest.
Lien Cuisine: Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine Real Estate Law, December 2014 Recent cases of interest to real property practitioners.
Save the Date—Commercial Loans: Documenting for Success and Preparing for Failure Real Estate Law, December 2014 This program will take place this Thursday (11/20). Sign up by 4 p.m. TODAY for the live program in Chicago, or register for the online course anytime before it begins. 
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley Civil Practice and Procedure, November 2014 An analysis of the recent case of GMAC Mortgage, LLC v. Arrigo.
Recent Rule 23 opinions entered in real estate tax cases By Timothy E. Moran State and Local Taxation, November 2014 Recent cases of interest to tax practitioners.
Resolving unclaimed property in Illinois By Christine Sparks Real Estate Law, November 2014 Pursuant to the Unclaimed Property Act, most attorneys are required to file an annual report with the Illinois State Treasurer's office advising of any unclaimed property that is being held.
Can lenders collect rents without possession? Recent First District opinion calls well-settled answer “no” into question By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, October 2014 One of the first things someone learns when they get involved in commercial real estate foreclosures is that a lender cannot enforce an assignment of rents unless it first obtains some form of “possession.” The First District, perhaps unintentionally, called this well-settled possession requirement into question on July 23, 2014 with its decision in Urban Partnership Bank v. Winchester-Wolcott, LLC, et al.
Lying in the weed—Receiverships and marijuana grow centers and dispensaries By Samuel H. Levine Real Estate Law, October 2014 This article explores practical considerations for receivers when dealing with dispensaries.
Lying in the weed—Receiverships and marijuana grow centers and dispensaries By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, October 2014 This article explores practical considerations for receivers when dealing with dispensaries.
1010 Lake Shore Association v. Deutsche Bank National Trust Company: The re-animation of an extinguished lien By Philip J. Vacco Real Estate Law, September 2014 A call for the Illinois Legislature to review the language used in section 9(g)(3) of the Illinois Condominium Act to determine whether the First District Appellate Court's recent interpretation is achieving the intended consequences.
Zombie condo liens: What are they, and what do we do about them? By Adam B. Whiteman Real Estate Law, September 2014 Just when you thought it was safe to buy a property at a foreclosure sale, you learn that a previously dead lien has come back to life, forcing you to reassess your priorities.
Special warranty deeds By John C. Murray Real Estate Law, August 2014 A discussion and analysis of special warranty deeds, and a look at the court decisions that have ruled on their effect.
The nature of title insurance and the “law of unintended consequences” in real estate transactions By Joseph R. Fortunato, Jr. Real Estate Law, July 2014 A summary of United Community Bank v. Prairie State Bank & Trust.
6 strategies to better represent sellers of real estate By Colleen L. Sahlas Real Estate Law, June 2014 Implement these six strategies when representing sellers of residential real estate to avoid a myriad of problems down the road.
“Zombie properties” are on the rise—but here’s how to kill the trend By Dory Rand Real Estate Law, June 2014 A property is considered a “zombie property” when a mortgage servicer files for foreclosure and then does not complete the process.
A guide to Illinois authority documents By Richard F. Bales Real Estate Law, May 2014 A reference guide to the so-called “authority documents’—the various documentation that a title company examiner or closer needs to review in order to underwrite the conveyance or mortgage of Illinois land by entities as common as corporations and as unusual as unincorporated associations.
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.