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.
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.
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.'"
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)).
Contract buyers don't enjoy the protection of mortgage foreclosure law. The new Installment Sales Contract Act makes them less vulnerable to predatory sellers.
Heirs of deceased mortgagors who were in default when they died face unique challenges in keeping the family home from being lost to foreclosure. Here's a look at the problem and how to address it.
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.
If a buyer waives the implied warranty of habitability and later sells the home, does that waiver protect the builder against claims by the second buyer, even if buyer #2 didn't know about the waiver? In Fattah v. Bim, the Illinois Supreme Court says "yes."
