Publications

Articles on Real Estate Law

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.

Lawyers who offer mortgage modification help can be sued for redlining

By Matthew Hector
June
2016
LawPulse
Page 12
A recent first district ruling holds that redlining discrimination actions can be brought against lawyers and others who purport to provide loan modification assistance.

Condominium managerial boards may conduct meetings electronically and may ratify emergency actions

May
2016
Illinois Law Update
Page 16
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.

Overturning Mendelson: Bill would forbid conveying real estate to trust without deed

By Matthew Hector
May
2016
LawPulse
Page 10
Proposed legislation would amend the Trusts and Trustees Act to require that all transfers of property into a trust be evidenced by a written conveyance and acceptance by the trustee.

Condominium purchaser in foreclosure sale must pay subsequent common expenses to association to extinguish lien resulting from prior owner’s failure to pay

March
2016
Illinois Law Update
Page 26
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.

New pilot program requires documents to be recorded against a property in foreclosure by judicial order only

February
2016
Illinois Law Update
Page 18
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.

Proposed amendments to the Real Estate License Act of 2000

February
2016
Illinois Law Update
Page 18
The Department proposed amendments to the Real Estate License Act of 2000 clarifying the educational requirements for transferring licensees.

Give home-buyer clients a reality check about inspections

January
2016
Article
Page 33
Make sure your clients know up front the limited scope of home inspections so they don't blame you when they can't recover for undisclosed defects.

Private parties can bring suit for violations of § 13-72-030 of the Chicago Municipal Code

January
2016
Illinois Law Update
Page 18
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 Right of Redemption in a Mechanics Lien Foreclosure

By Adam Whiteman
January
2016
Article
Page 46
When a property subject to only a mechanics lien is sold at a sheriff's sale, the law grants an owner six months after the sale to redeem. Note this when drafting final orders in a foreclosure case.

Repealed housing development regulations

December
2015
Illinois Law Update
Page 18
The Development Authority repealed outdated programs pertaining to single-family mortgage purchases. 47 Ill. Adm. Code 220 and 250 (eff. July 24, 2015).

Pages

Select a Different Subject