Illinois Bar Journal

Articles on Real Estate Law

Property owners can seek tax reimbursement for annexed properties. PA 096-1351

January
2011
Illinois Law Update
Page 16
Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.

Transfer fee covenants prohibited. PA 096-1345

January
2011
Illinois Law Update
Page 16
The Illinois General Assembly has prohibited transfer fee covenants, declaring them an impairment of the marketability and transferability of property.

Changes in forms of property tax payment. PA 096-1250

October
2010
Illinois Law Update
Page 508
The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).

Foreclosure and Divorce - Borrower’s Rights in the Face of Two “Wrongs”

By Joseph R. Fortunato & Steven B. Bashaw
October
2010
Column
Page 544
Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?

The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures

By Kevin M. Hudspeth
October
2010
Article
Page 520
Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?

The New, Improved Home Repair and Remodeling Act

By Adam B. Whiteman
September
2010
Article
Page 462
ISBA-inspired changes specify that a homeowner's remedy for an HRRA violation is to sue under the Consumer Fraud and Deceptive Business Practices Act.

Reinstatement of real estate license. PA 096-0989

September
2010
Illinois Law Update
Page 452
The Real Estate License Act has been amended to enable managing broker licensees, brokers, and leasing agents more flexibility in renewing their license. (225 ILCS 454/5-50) 

Tenancy by the entirety gets a boost

By Helen W. Gunnarsson
September
2010
LawPulse
Page 446
Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.

2010 Spring Session Roundup

By Jim Covington
August
2010
Column
Page 404
A summary of key Illinois legislation passed this spring.

ABN AMRO: A victory for the foreclosed-upon

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.

Real estate lawyers: beware short-sale fee agreements

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.

The Foreclosure Explosion: How Illinois Courts Are Responding

By Joseph R. Fortunato & Steven B. Bashaw
July
2010
Column
Page 380
How judges, lawyers, and litigants in Chicagoland are responding to the foreclosure crisis.

ISBA Opinion 10-02 Reins in Real Estate Brokers

By Peter J. Birnbaum
April
2010
Column
Page 212
This new ethics opinion is good news for real estate lawyers, the author contends.

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 & 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 & 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.

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