Illinois Bar Journal

Articles on Real Estate Law

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
Cover Story
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.

Negligence is a proper consideration in determining entitlement to tax deed indemnity fund

December
2007
Illinois Law Update
Page 632
 On October 4, 2007, the Illinois Supreme Court affirmed the opinion of the third district appellate court, holding that the plaintiff, Chris Malmloff, was not entitled to compensation from the tax deed indemnity fund. 

Title insurance purchaser guaranteed right to choose title insurance company. PA 095-0570

November
2007
Illinois Law Update
Page 576
The Title Insurance Act has been amended to ensure that title insurance purchasers have a right to choose the title insurance company that will indemnify against loss arising from a defect in title to real property. 

POD and TOD accounts and your estate-planning arsenal

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?

Predatory Lending: The Continuing Saga

By James K. Weston
October
2007
Column
Page 554
A new bill would redefine yet again the Illinois' anti-predatory-lending law.

New law on attorney modification clauses in real-estate contracts?

By Helen W. Gunnarsson
September
2007
LawPulse
Page 454
Has the second district made it easier for a party to a real estate contract to make a counter offer disguised as a mere "modification"?

SLAPP suits take a hit

By Helen W. Gunnarsson
September
2007
LawPulse
Page 454
A new bill would discourage developers and others from suing - and thus trying to silence - opponents of their subdivisions, landfills, and the like.

Termite Traps for Homebuyers

By Terry Sharp & Lance C. Martin
August
2007
Article
Page 424
Simply getting an inspection may not give your clients what they need. Here are steps you can take to protect them.

Legislative Developments for Real Estate Lawyers

By James K. Weston
July
2007
Column
Page 384
Mortgage fraud and bifurcated closings were among the issues for this year's General Assembly.

State must take reasonable steps to inform homeowner debtor of impending house sale

June
2007
Illinois Law Update
Page 292
On April 19, 2007, in a case that was remanded to the Illinois Supreme Court from the United States Supreme Court, the Illinois Supreme Court, effectively, affirmed its own prior decision, holding that the state and the purchaser of a tax deed had made sufficient efforts to give notice to the delinquent taxpayer.

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