Publications

Articles on Real Estate Law

Informal pathway behind condo building not subject to the Snow and Ice Removal Act

September
2018
Illinois Law Update
Page 16
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.

Condominium Property Act does not require condo association to file suit to collect unpaid assessment from foreclosure buyer

August
2018
Illinois Law Update
Page 16
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.

Landlord possesses no right to recover rent due prior to its ownership of the property

August
2018
Illinois Law Update
Page 16
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.

Illinois class action against Zillow.com thrown out

By Matthew Hector
July
2018
LawPulse
Page 10
U.S. District Court says plaintiffs' claims do not make the case for fraudulent or deceptive practices by Zillow.

Upon leave of court, receivers may seek increased rent under lease agreements when “necessary to operate, manage, and conserve” the property

July
2018
Illinois Law Update
Page 16
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.

Buying Foreclosed Condominiums: The Risk of Unpaid Assessments

By Julianne M. Dailey
June
2018
Article
Page 38
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.

Actual notice insufficient to exercise lease option without strict compliance with method of notice

May
2018
Illinois Law Update
Page 18
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.

Exculpatory clause in escrow agreement applies in claim for breach of contract

March
2018
Illinois Law Update
Page 24
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.

From the Newsletters - Transfer the marital home during, not after, divorce.

By Adam Whiteman
February
2018
Article
Page 42
It's in each party's interest to wrap up property issues during the divorce and not wait till after, when things can get a lot more complicated.

Natural disaster credit for homeowners affected by 2017 flood

February
2018
Illinois Law Update
Page 18
The Illinois Income Tax Act has been amended to include section 226, which establishes a Natural Disaster Credit.

Nonrecord claimants in foreclosure proceedings must intervene during claims period

November
2017
Illinois Law Update
Page 20
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.'"

E-filing in the real estate realm - MyDec

By Matthew Hector
October
2017
LawPulse
Page 12
MyDec, used by 25 Illinois counties and the city of Chicago, enables lawyers to file real estate transfer tax declarations online.

Landowners need only submit a single permit application that encompasses various seasons and types of permits

October
2017
Illinois Law Update
Page 18
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)).

Mobile homes-installed but not assessed and taxed due to untimely registration-fall within grandfather clause and are not taxed as real property

October
2017
Illinois Law Update
Page 18
Prior to January 1, 2011, mobile homes and manufactured homes were taxed as real property only if they were resting on a permanent foundation.

New law protects real estate purchasers who buy on contract

By Matthew Hector
October
2017
LawPulse
Page 12
Contract buyers don't enjoy the protection of mortgage foreclosure law. The new Installment Sales Contract Act makes them less vulnerable to predatory sellers.

Saving the Family Home: Loan Modifications and the Heirs of Deceased Mortgagors

By Matthew Hulstein
July
2017
Article
Page 36
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.

From the Newsletters - Drone On

May
2017
Article
Page 38
If a drone flies over your backyard, is it trespassing? Invading your privacy? Do you have the right to shoot it down?

Help Clients Save on Taxes and Preserve Family Land with Conservation Easements

By George M. Covington
March
2017
Article
Page 40
Landowners can hang on to their property and, if they follow IRS requirements, get tax benefits by using conservation easements.

Property Tax Code amended to remove gap in vegetative filler strip assessment procedure

March
2017
Illinois Law Update
Page 28
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.

From the Discussions - Is Eviction an Option for Failure to Pay HOA Fees?

February
2017
Article
Page 43
Q. Can a homeowners' association use eviction laws to collect delinquent dues from unit owners?

Property Tax Code assessment of wind energy devices now applies through assessment year 2021 (instead of 2016)

January
2017
Illinois Law Update
Page 20
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.

From the Discussions - How do you show that the trustee accepted a transfer of real estate?

December
2016
Article
Page 41
Q. How do you show acceptance by the trustee of a transfer of real property into a trust under Pub. Act 99-0743?

Notice of note acceleration can be a condition precedent to filing foreclosure action

December
2016
Illinois Law Update
Page 16
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.

Courts Sanction Sovereign Citizens - and Lawyers - for Frivolous Appeals

By Natalie Burris
November
2016
Article
Page 36
You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.

The Shrinking Warranty of Habitability: Fattah v. Bim

By Kelly M. Greco
October
2016
Article
Page 36
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."

Trusts and Trustee Act amended to require recording of real property transfers to trust

October
2016
Illinois Law Update
Page 18
The new amendments to this Act require that all transfers of real property to a trust must include a conveyance of legal title.

Borrower not entitled to set-off on deficiency judgment when bank resells house for more than purchase amount

September
2016
Illinois Law Update
Page 18
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.

From the Discussions - How can I preserve my client’s mortgage insurance?

September
2016
Article
Page 45
Q. My client is on the mortgage for her home but not on the deed - only her now-deceased husband is. How can I preserve the mortgage insurance after his death?

Reasonable description of land is sufficient for condemnation

September
2016
Illinois Law Update
Page 18
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.

Condominium Act bills make life simpler for condo board members

By Matthew Hector
August
2016
LawPulse
Page 12
Among other proposed changes, the legislation would allow condominium boards to hold closed meetings in a wider set of circumstances.

Pages

Select a Different Subject