Illinois Bar Journal

Articles on Real Estate Law

Tax nonpayment sales and the mentally ill - does the system work?

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
Do recent cases indicate that Illinois should change its laws to further protect mentally ill property owners?

Governor Puts Predatory Lending Legislation on Hold

By James Weston
April
2007
Column
Page 214
An executive order shuts down a controversial program to combat predatory lending.

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 & 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
Cover Story
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.

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