Articles on Real Estate Law

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.'"

Several amendments were made to the "Landowner Permits" provision under the Fish and Wildlife subchapter of the Conservation Title of the Illinois Administrative Code (17 Ill. Adm. Code 528 (eff. June 28, 2017)).

Prior to January 1, 2011, mobile homes and manufactured homes were taxed as real property only if they were resting on a permanent foundation.

This Act removes the provisions in section 10-152 of the Property Tax Code, 35 ILCS 200/10-152, which would have repealed the section regarding vegetative filler strip assessment at the end of 2016, bridging the gap in the designated assessment procedure that might have otherwise occurred between 2016 and 2017.

The provision of the Property Tax Code that accounts for annual inflation and depreciation of equipment in the valuation of wind energy devices now applies through 2021 instead of 2016.

The first district found that providing notice of note acceleration was a condition precedent to a bank's right to file a foreclosure action against a homeowner.

The new amendments to this Act require that all transfers of real property to a trust must include a conveyance of legal title.

On June 28, 2016, the Second District of the Illinois Appellate Court held that borrowers could not receive a set-off against a deficiency judgment when the bank purchased their home at auction after a foreclosure and subsequently sold it for a higher amount.

On June 30, 2016, the Appellate Court of Illinois held that the circuit court did not err in finding that the Illinois State Toll Highway Authority was authorized to condemn land around I-90.

Under these amendments to the Condominium Property Act, condominium association bylaws must now permit board members to participate in any meeting of the board of managers (the "Board") either in person or by use of any acceptable technological means.

On December 3, 2015, the Illinois Supreme Court held that the mortgagee purchasing a condominium in a foreclosure sale failed to confirm the extinguishment of the condominium association's lien, which was created when the prior unit owner did not make common expense payments.

Under this new section to the Counties Code, counties with over 3,000,000 people must establish a pilot program that permits documents to be recorded against a property in foreclosure by judicial order only.

The Department proposed amendments to the Real Estate License Act of 2000 clarifying the educational requirements for transferring licensees.

Plaintiffs sued LAB Townhomes alleging: (1) breach of the implied warranty of habitability; (2) fraud; (3) negligence; (4) breach of section 13-72-030 of the Chicago Municipal Code's prohibition against misrepresenting material facts in the course of marketing and selling real estate; and (5) breach of a fiduciary duty.

The Development Authority repealed outdated programs pertaining to single-family mortgage purchases. 47 Ill. Adm. Code 220 and 250 (eff. July 24, 2015).