The newsletter of the ISBA’s Section on Real Estate Law
Browse articles by year: 2013 (20)
Newsletter articles from 2013
7th Circuit tackles pay-if-paid clause in construction contract
Pay-if-paid and pay-when-paid contract terms raise multiple questions. Such as: while they are often used interchangeably in the caselaw and in construction parlance, is the pay-if-paid vs. pay-if-paid distinction anything more than semantic hair-splitting? And are they even enforceable?
Condo eviction defenses: What is germane?
In light of the conflict now existing between the districts on the question of what defenses are germane in a condo eviction matter, the time is ripe for a legislative fix.
Condominium and homeowner association assistance
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.
Kalkman v. Nedved, IL App. 3d (120 800) (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.
May a condemnor abandon its take?
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.
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.
Under Illinois law, what constitutes a lack of standing in mortgage foreclosures?
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.