Illinois Bar Journal


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Articles on Real Estate Law

Land Surveyor Liability to Third Parties in Illinois By Richard F. Bales March 2007 Article, Page 136 The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.
Merger doctrine does not apply where parties operated under mutual mistake of fact March 2007 Illinois Law Update, Page 124 The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's finding that the merger doctrine required a dismissal of the plaintiffs' claims because the evaluation of the tax credit at the time of closing was a matter of public record. 
Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049 March 2007 Illinois Law Update, Page 124 Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 
Impairment of servient estate does not necessitate denial of an implied easement February 2007 Illinois Law Update, Page 72 On December 7, 2006, the Illinois Appellate Court, Second District, reversed in part the holding of the Circuit Court of Du Page County, which denied plaintiff Gacki's motion for summary judgment and granted summary judgment to defendants Raymond and Lori Bartels, because the plaintiff's claimed easement would impair or reduce the value of the servient estate.
Getting back in the closings game By Helen W. Gunnarsson January 2007 LawPulse, Page 8 Lawyers should try to reclaim their place at the residential real-estate table, a leading practitioner writes. And that requires more than going along for the ride.
The Mortgage Rescue Fraud Act By James K. Weston January 2007 Column, Page 52 This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.
Surpluses from foreclosure sales do not go to the purchaser January 2007 Illinois Law Update, Page 14 On November 13, 2006, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of McHenry County, holding the circuit court abused its discretion by distributing a portion of the surplus funds from a sheriff's auction to the winner of that auction.
Asked and Answered December 2006 Column, Page 682 Must Homebuilders Give Buyers an Express Warranty?
Discovery rules changed for appeals of property assessments of over $1 million December 2006 Illinois Law Update, Page 650 The Property Tax Appeal Board (Board) has added section 1910.79 and amended section 1910.95 of 86 Ill Adm Code 1910, effective September 29, 2006, in order to "streamline and expedite the appeal process" for appeals on property assessments of $1 million or more.
Confidentiality rules created for predatory lending database November 2006 Illinois Law Update, Page 584 The Residential Real Property Disclosure Act (Act) required that the Department of Financial and Professional Regulation (Department) establish a database for its Predatory Lending Database Pilot Program (Database Program). 
Correspondence from Our Readers November 2006 Column, Page 574 Beyond "deed and green";CDL/DUI update.
The New Eminent Domain Law: Protections for Landowners, Hurdles for Governments By Joseph V. Healy November 2006 Article, Page 596 A review of the legislature's response to Kelo, which takes effect January 1.
New rules on openness and evidence adoption in property tax hearings November 2006 Illinois Law Update, Page 584 The Property Tax Appeals Board (Board) has amended sections 1910.67 and 1910.90 to 86 Ill Adm Code 1910 to reflect that although property tax appeal hearings are generally open to the public, the board or its officers can now close all or parts of hearings in order to protect private information from being disclosed.
Another look at attorney approval clauses By Helen W. Gunnarsson October 2006 LawPulse, Page 518 Attorney-proposed changes to real estate contracts containing attorney-approval clauses should not be viewed as counteroffers that terminate the agreement, a law prof opines. 
Asked and Answered October 2006 Column, Page 559 A guide for representing condo buyers. 
New Federal Rules Change Illinois Law on Environmental Due Diligence By Charles J. Northrup October 2006 Article, Page 550 Learn about federal rules, effective next month, governing the "all appropriate inquiry" necessary to establish the innocent landowner defense under CERCLA.
The Predatory Lending Database Has Arrived By James K. Weston October 2006 Column, Page 560 Illinois' anti-mortgage-fraud program debuted September 1. Will it fulfill its intended purpose?
Beyond deed and green September 2006 Column, Page 454 Getting beyond deed and green?
Lender Leap-Frog: Conventional Subrogation in Lien Priority Disputes By Barbara A. Gimbel and Edward J. Andersen September 2006 Article, Page 494 A lender can take priority as lienholder even over a third party who recorded first. Find out how.
Quitclaim deeds require notification to previous owner. PA 094-0823 September 2006 Illinois Law Update, Page 464 The Illinois General Assembly recently added Section 3-5046 to the Counties Code in order to provide better notice to previous owners that a quitclaim deed has been filed. 
Beyond “Deed and Green”: the Strange Truth About Lawyers’ Roles in Illinois Real Estate Sales By Helen W. Gunnarsson August 2006 Article, Page 408 When it comes to residential real estate deals, why are lawyers welcome in some parts of the state and not others?
Attorney title agents must disclose agency By Helen W. Gunnarsson July 2006 LawPulse, Page 338 In real estate transactions, be sure to apprise clients when you also serve as an agent to the title company. In fact, you might want to do so in writing at the outset. 
The Latest on Predatory Lending Legislation By James K. Weston July 2006 Column, Page 380 Concerns persist about this anti-redlining program.
The General Assembly rewrites eminent domain law By Helen W. Gunnarsson June 2006 LawPulse, Page 278 The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 
Religious freedom recognized by Condominium Property Act PA 094-0729 June 2006 Illinois Law Update, Page 284 Section 18.4 of the Condominium Property Act (765 ILCS 605/1 et seq) has been amended to expand the powers and duties of the boards of managers for condominium associations while also recognizing the right of property owners to exercise their religious beliefs.
Procedures for appealing to PTAB adjusted May 2006 Illinois Law Update, Page 230 In order to clarify existing procedures and add a new deadline extension for submitting rebuttal evidence, the Property Tax Appeal Board has amended and added to Part 1910 of Title 86, 86 Ill Adm Code 1910, effective February 15, 2006.
Kelo v City of New London - How Safe Is Your Castle? By Ronald S. Cope April 2006 Article, Page 186 A look at how Kelo affects municipalities' power to use eminent domain to promote economic development.
Predatory Lending, Notary Fraud By James K. Weston April 2006 Column, Page 204 Illinois' predatory lending law gets off to a slow start, and notary fraud arrives on legislators' radar screens.
Procedures for appeals before the Property Tax Appeal Board amended April 2006 Illinois Law Update, Page 174 Effective January 20, 2006, Part 1910 of Title 86, 86 Ill Adm Code 1910, was amended and new sections were added regarding property tax appeals.
When supplying a title commitment, title insurers are not liable for economic loss or negligent misrepresentation April 2006 Illinois Law Update, Page 174 On January 20, 2006, the Illinois Supreme Court affirmed the decision of both the Illinois Appellate Court, First District, and the Circuit Court of Cook County, granting the defendant's motion to dismiss with prejudice.