Illinois Bar Journal


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Articles on Real Estate Law

See comments from our readers April 2010 Column, Page 170 Habitability warranty disclaimers; FOIA attorney fees; family law attorney fees
The Implied Warranty of Habitability in Illinois: A Critical Review By Roger L. Price and M. Ryan Pinkston February 2010 Article, Page 92 A look at the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers.
Is Selling Title Insurance a “Business Transaction”? By Joseph R. Fortunato and Steven B. Bashaw January 2010 Column, Page 50 A reference to the sale of title insurance in the new rules has some lawyers concerned.
Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111 December 2009 Illinois Law Update, Page 604 Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 
New law brings transparency to homestead assessments. PA 096-0122 November 2009 Illinois Law Update, Page 552 State lawmakers recently added new language to the state Property Tax Code to help homeowners understand and challenge changes in their property assessments. 
Could a “Clunker” Program Solve the Real Estate Lending Problem? By James K. Weston October 2009 Column, Page 530 How about letting homeowners trade in their high-interest mortgages for fixed-term models?
Presenting property tax appeals October 2009 Column, Page 532 Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?
The right to a jury trial is not guaranteed in an action nonexistent at common law. October 2009 Illinois Law Update, Page 496 On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
A property owner has a duty to provide a safe means of ingress and egress only for areas clearly designated for such purposes August 2009 Illinois Law Update, Page 392 On May 29, 2009, the Illinois Appellate Court, Third District, affirmed the Circuit Court of Warren County's grant of summary judgment for the defendant after the plaintiff fell and injured himself on the defendant's property and sued defendant. 
Missing Mortgage Funds and a Notary Conflict By James K. Weston July 2009 Column, Page 372 Financial institutions seem to be hoarding bailout money, not lending it.
Correspondence from Our Readers By Anthony C. Raccuglia May 2009 Column, Page 218 Fending off foreclosure - who controls the debt?; Don't allow parties to depose their own experts.
Foreclosure defense a practice option real estate lawyers By Helen W. Gunnarsson May 2009 LawPulse, Page 220 Representing foreclosed-on homeowners might be a way for real estate lawyers to pick up slack left by the weak economy.
Real Estate on Hold By James K. Weston April 2009 Column, Page 206 The real-estate market, still frozen by fear, is producing few opportunities.
Creative ways to fend off foreclosure By Helen W. Gunnarsson March 2009 LawPulse, Page 116 Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.
The Illinois Mortgage Foreclosure Law 20 years later By Helen W. Gunnarsson February 2009 LawPulse, Page 64 One of the drafters of the statute describes how it improved the procedure process and what loose ends remain.
Attorney censured for not disclosing “controlled business arrangement” By Helen W. Gunnarsson January 2009 LawPulse, Page 10 The ARDC Hearing Board found that a Mundelein lawyer/title agent didn't make disclosures to clients required by the Title Insurance Act.
New RESPA Regulation Finally Arrives By James K. Weston January 2009 Column, Page 52 HUD has finally pushed out its RESPA regs. Here's an at-a-glance review.
Real estate lawyers fear “law related services” definition By Helen W. Gunnarsson January 2009 LawPulse, Page 10  Defining "law related services" in Illinois' ethics rules could encourage UPL, pose malpractice risks, and cause other problems, real estate lawyers tell the supreme court.
New homeowner notice required in foreclosure actions. PA 095-0961 December 2008 Illinois Law Update, Page 612 On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879
Real estate and divorce: No more transfer-tax exemption? By Helen W. Gunnarsson December 2008 LawPulse, Page 606  To the chagrin of matrimonial lawyers, Chicago has begun taxing the transfer of a divorcing couple's jointly owned home to one of the ex-partners.
New law attempts to simplify zoning hearings By Helen W. Gunnarsson October 2008 LawPulse, Page 498  A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.
The New RESPA Regulation By James K. Weston October 2008 Column, Page 532 The Federal Reserve finally issues a new RESPA rule.
Bidder beware By Helen W. Gunnarsson September 2008 LawPulse, Page 438 Winning bidders at judicial foreclosure sales can ultimately lose if a subsequent buyer offers more and the lender withdraws its foreclosure motion before the judge confirms the sale, the Illinois Supreme Court ruled.
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1
The Last Gasp for RESPA Reform? July 2008 Column, Page 372 HUD's proposed new RESPA regs leave a lot to be desired.
Correspondence from Our Readers June 2008 Column, Page 274  Sharia law; Rukavina and law-related services.
No referendum required for annexation under section 7-1-8 of the municipal Code May 2008 Illinois Law Update, Page 236 On February 26, 2008, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Kendall County denying the plaintiff's complaint for a mandamus order.
RESPA and Avoiding Mortgage Fraud: What Goes on the HUD Settlement Statement? By Philip J. Vacco May 2008 Article, Page 248 Improper handling of buyer incentives on the HUD Settlement Statement can make you an unwitting participant in mortgage fraud.
Cashing in on home sweet home By Helen W. Gunnarsson April 2008 LawPulse, Page 174 Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.