The incorrect characterization of a mortgage foreclosure filing precondition as a “condition precedent” has resulted in a stricter standard of compliance for lenders than should be required.
The plaintiff filed a complaint against her condominium association and its acting president who prohibited her from operating her condominium unit as a short-term rental on Airbnb on the basis that the condominium declarations barred short-term rentals.
On Nov. 18, 2020, the Second District of the Illinois Appellate Court held that full interest in real estate may be transferred without the signature of all owners of the property, provided that a meeting of the minds exists.
On Sept. 30, 2020, the First District of the Illinois Appellate Court reversed a circuit court’s judgment dismissing a complaint that alleged negligent misrepresentation on the part of a construction engineering firm for failure to state a cause of action.
Justice Neville’s final appellate court decision has recalibrated the balance between the rights of condominium-unit owners and the obligations of condominium officers and board members.
On June 21, 2019, the First District Appellate Court upheld an administrative judge’s grant of summary judgment denying the plaintiffs’ claim that their property met the enterprise zone property transfer tax exemption
The inherent disadvantages of a traditional installment contract for deed are overcome by restructuring the transaction as an outright sale with seller-provided, purchase-money financing.
The court did not err in ruling on a foreclosure involving an "outdated" affidavit specifying the efforts that a bank went through to renegotiate a mortgage.
Without a contractual link between the property owners and subcontractor, the property owners cannot bring a breach of implied warranty of habitability claim against the subcontractors.
On June 14, 2018, the First District Appellate Court of Illinois held that the term "sidewalk" under the Snow and Ice Removal Act's immunity provision is limited to the part of the public street reserved for pedestrian use that borders private residential property.
Plaintiff bought a condominium unit at a judicial foreclosure sale. Defendant demanded that Sylva pay assessments that accrued during the prior owner's ownership of the condominium.
Plaintiff, 1002 E. 87th Street, LLC, filed a verified complaint seeking to evict defendant, Midway Broadcasting Corporation, for unpaid rent. Plaintiff also sought to collect on the guaranty signed by Melody Spann Cooper and Pierre Cooper.
The Illinois Appellate Court held that nothing in the statutory language of section 15-1704(g) of the Illinois Mortgage Foreclosure Law indicates an intent to allow increases in rent only from occupants who pay rent without a lease agreement.
Despite the common belief that all prior liens are extinguished by foreclosure, condominium purchasers may learn they're liable for unpaid assessments. What's more, murky caselaw makes advising clients a challenge.
On February 28, 2018, the Appellate Court of Illinois for the First District concluded that actual notice is not sufficient to exercise a lease option where a party has failed to provide timely written notice in compliance with the terms of the lease agreement.
Home Healthcare engaged in a real estate transaction in which it was the buyer and attorney Robin Jesk's client was the seller. Jesk served as the escrow agent.
The Illinois Appellate Court held that, in the absence of fraud or irregularity, it will "not refuse to confirm a judicial sale merely to protect an interested party 'against the result of his own negligence.'"
