Illinois Bar Journal

Articles on Real Estate Law

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

The Lawyer’s Journal

By Mark S. Mathewson
May
2000
Column
Page 251
You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.

Real Estate Law: The Expanding Liability of Illinois Developers and Directors

By John F. Dixon
April
2000
Article
Page 226
A review of cases arising out of lawsuits aimed at Illinois developers and homeowners-association board members.

The “sole intent” standard is used to determine whether a conveyance of property to tenancy by the entirety to avoid payment of judgment to creditors was a fraudulent conveyance

April
2000
Illinois Law Update
Page 196
In May 1995, plaintiff, Premier Property Management, Inc., sued Chavez in a separate lawsuit. In July 1996, Chavez conveyed his interest as sole owner of his home to himself and his wife as tenants by the entirety.

Registration for real estate transfer taxes

March
2000
Illinois Law Update
Page 128
On December 9, 1999, the Illinois Department of Revenue adopted a new section to section 120.5 of the Illinois Administrative Code. 86 Ill Adm Code 120.

The Lawyer’s Journal

By Bonnie McGrath
February
2000
Column
Page 62
Banks and title insurance; fees for foiled FOIA requests; crafting affirmative action plans; and more.

Nonassignability Clauses in Commercial Leases: When is an Assignment Not an Assignment?

By John C. Murray
December
1999
Article
Page 658
This article discusses a Rule 23 opinion holding that a nonassignability clause in a lease does not prohibit the tenant's collateral assignment of its interest as security for a loan.

The Lawyer’s Journal

By Bonnie McGrath
September
1999
Column
Page 454
"Same part of the body'' rule update.

Implied warranty of habitability does not extend to a clubhouse

July
1999
Illinois Law Update
Page 351
On May 20, 1999, the Illinois Supreme Court held that the appellate court properly affirmed the circuit court's dismissal of the plaintiff's claim that the implied warranty of habitability extended to a clubhouse in a residential development.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Trust Accounts and the New Rules for Real Estate Closings

By Paul Sullivan
May
1999
Column
Page 281
Now lawyers can conduct real estate closings and distribute checks before the buyer's check has cleared, putting them on a level field with title companies and lenders.

Enforcing Judgments Against Property Held in Tenancy by the Entirety

By Ronald R. Peterson & David R. Seligman
April
1999
Article
Page 196
When and how can creditors attack married debtors' transfer of property from joint tenancy to tenancy by the entirety? A discussion of the murky law.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

An owner of record title of property, who has no legal or equitable interest in the property, has no right to redeem the property

March
1999
Illinois Law Update
Page 130
On December 31, 1998, the Illinois Supreme Court disagreed with the appellate court when it held that the owner of record title who has no legal or equitable interest has no right to redeem, but affirmed the appellate court on different grounds.

Acquisition, Management and Disposal of Real Property

February
1999
Illinois Law Update
Page 73
On November 16, 1998, the Department of Central Management Services, the agency that leases or acquires property for all state agencies or authorities, enacted amendments and new provisions into section 5000 of its administrative rules. 44 Ill Adm Code 5000.

Additional Conditions Apply to Delinquent Property Tax Liability of Mortgage Lenders; PA 90-575

January
1999
Illinois Law Update
Page 13
Two additional conditions must be met before the state can hold mortgage lenders liable for delinquent property taxes.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

Reducing Real Estate Tax Assessments for Contaminated Property

By H. Alfred Ryan
December
1998
Article
Page 680
Here's how to lower the property-tax bill for clients who own contaminated real estate.

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
Page 590
Post-Ellerth business boom?

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