2016 Articles

Anthony P. Tummelson v. Elizabeth Ann White, 2014 IL App (4th) 150151, December 30th, 2015 By Philip J. Vacco March 2016 Would a transfer of funds from one cohabitant to another for the purpose of making mortgage payments, as well as other monthly obligations, be considered a gift or a contribution to the property?

Banker forges payoff letter to defraud bank and MERS no help By Erica Crohn Minchella January 2016 A look at M&T Bank v. Mallinckrodt.

Caught by recapture By Michael G. Cortina April 2016 Not only did the appellate court affirm the decision of the trial court, which found that recapture rights are not a part of real estate and cannot be terminated by foreclosure, it also affirmed the decision to award $179,000 in attorneys’ fees to the appellee as the prevailing party in the litigation.

Commercial tenancies: Clearly define every term in a lease agreement By Justin C. Strane June 2016 A recent appellate decision, Battaglia v. 736 N. Clark Corp., reminds us to clearly define all terms during commercial lease negotiations.

Convenience, speed and ethics By Michael J. Maslanka July 2016 What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?

1 comment (Most recent July 12, 2016)

Do your legal research… Very well! By Michael J. Maslanka January 2016 Some thoughts on spelling, hyphens and terminology when conducting legal research.

E-mail scams and lawyer trust accounts December 2016 Internet fraud schemes are increasingly targeting lawyers and law firms and the banks where lawyers have their client trust accounts.

Germaneness is being ignored in recent association forcible cases By Mark R. Rosenbaum June 2016 Under recent caselaw, issues of lien rights appear to possibly now be a proper subject for claims and defenses in forcible court. I believe this is a mistake and that increased application of the concept of germaneness is necessary to correct the situation.

Pouring over water certs and utility prorations By Adam B. Whiteman September 2016 Many municipalities require a water meter reading to be scheduled shortly before a closing as a pre-requisite to obtaining transfer stamps. However, City of Chicago water certifications are valid for up to 60 days. This creates a possibility that the water cert might not accurately reflect how much water is actually used prior to the closing.

1 comment (Most recent September 6, 2016)

Read ‘em and weep… in cards. Don’t read ‘em and weep… in law By Michael J. Maslanka September 2016 It is well-settled law in our state that a competent adult is charged with knowing and accepting the document he voluntarily signs and that his ignorance of what it says does not avoid its legal effect.

Real estate and construction law seminars explore construction industry issues March 2016 Save the date for these exciting upcoming programs!

Revocable living trust, tenancy by the entirety, and a little loss of privacy By Michael J. Maslanka April 2016 As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.

The so-called Presumptively Void Transfers Act: Yet another trap for the unwary By Michael J. Rooney October 2016 The co-called “Presumptively Void Transfers Act” is allegedly designed to protect the elderly who are feeble in body and/or mind and who are subject to overreaching by a “caregiver.” In this article, the author argues that although that statement of the seeming intent of the Act and the operative section is simple, it is wrong.

Tax sale purchase deemed fraudulent transfer By Megan G. Heeg July 2016 In Smith v. Sipi, LLC, a decision that could have a chilling effect on the Illinois real estate tax buying process, the Seventh Circuit held that a tax buyer was liable to a debtor in bankruptcy for a prior Illinois real estate tax sale on the basis that the tax sale was a fraudulent transfer.

What NOT to include in your attorney modification letters By Colleen L. Sahlas August 2016 Modification letters that haven’t been thought through or well written can result in undermining our client’s best interests.

When worlds collide—Condominium law vs. foreclosure law and 1010 Lake Shore Association v. Deutsche Bank National Trust Company By Joseph R. Fortunato February 2016 The saga of the case of 1010 Lake Shore Association v. Deutsche Bank National Trust Company has come to a conclusion of sorts as a result of the opinion filed December 3, 2015 by the Illinois Supreme Court.

Will the real party plaintiff please stand up? Toward a sane foreclosure process: Substitution of party plaintiff, the transfer of interest, and implications on standing By Stephanie Bowman Arsenty May 2016 A look at the scenarios in which defendant borrowers are prejudiced by the statute governing substitution of parties and some proposed changes to promote fairness in the foreclosure process.

1 comment (Most recent April 21, 2016)

Real Property

2016 Articles