Publications

Articles on Real Estate Law

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 form.st.

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.

For New Lawyers

April
2008
Column
Page 215
Is a co-signer entitled to a foreclosure notice?

“Law-Related Service,” New RESPA Forms

By James K. Weston
April
2008
Column
Page 212
Real estate lawyers worry about proposed changes in the rules governing "law-related service."

Seller must refund earnest money deposit for failure to provide real estate disclosure statement

April
2008
Illinois Law Update
Page 180
On January 30, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the Circuit Court of Christian County awarding the plaintiffs $10,000 plus costs for the defendant's failure to provide the plaintiffs with a real estate disclosure statement. 

Duty to disclose triggered by written interrogatories only

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, Fourth District, reversed the holding of the Circuit Court of Sangamon County and remanded for renewed discovery and trial proceedings. 

Ethics and the Attorney / Title Agent

By Michael J. Rooney
March
2008
Article
Page 132
This author argues that attorneys can serve as title agents, provided they make necessary disclosures and get corresponding consents.

Asked and Answered

February
2008
Column
Page 95
Judgments against joint tenancies.

Helping Clients Who Face Foreclosure

By Helen W. Gunnarsson
February
2008
Article
Page 76
Notice of foreclosure creates a personal crisis for your home-borrower clients. Here's how to counsel them.

Predatory Lending Laws: The Next, Not Last, Step

By James K. Weston
January
2008
Column
Page 50
New laws expand the prohibitions on predatory lending.

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