Publications

Articles on Real Estate Law

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.

New sections added and amendments made regarding motions and appeals to the Property Tax Appeal Board

March
2006
Illinois Law Update
Page 118
The Illinois Property Tax Appeal Board has amended Part 1910 of Title 86, 86 Ill Adm Code 1910. The Board has added new sections and amended the Part with regard to motions, notice and consolidation of appeals. 

Title insurers not in “business of supplying information” when they issue title commitments, supremes say

By Helen W. Gunnarsson
March
2006
LawPulse
Page 110
Some lawyers say the ruling "defies reality," while title insurers contend that it is squarely in the mainstream. 

 

No-Leasing Restrictions on Condominium Owners: The Legal Landscape

By Jordan I. Shifrin
February
2006
Article
Page 80
Here's a look at (mostly unsuccessful) challenges to these restrictions and some ways owners have tried to get around them.

Does Your Client Qualify for a Charitable Property Tax Exemption?

By Karyn R. Vanderwarren
January
2006
Article
Page 40
Whether you're counsel or a board member, you can help your charity try to qualify for an exemption and put the dollars you save to charitable use.

Predatory Lending Database Pilot Program

By James K. Weston
January
2006
Column
Page 44
A well-intentional law armed at predatory lending puts title companies and lawyers at risk, the author argues

The 2005 Amendments to The Illinois Mechanics Lien Act

By Howard M. Turner
December
2005
Article
Page 630
The changes make the act simpler and easier to understand, this author opines.

Anti-predatory-lending statute takes effect January 1

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
An amendment to the Real Property Disclosure Act will create a new predatory lending database. But some worry that it could unintentionally penalize good-guy lenders in targeted neighborhoods.

(Unrepresented) buyer (and seller, and opposing lawyer) beware

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
What do you do when the other side in a real-estate transaction doesn't have a lawyer? ISBA members offer pointers.

In Defense of Kelo: One Lawyer’s Take on Takings

By John H. Brechin
October
2005
Article
Page 524
An approving look at the U.S. Supreme Court's much-criticized Kelo v City of New London.

RESPA – Here We Go Again?

By James K. Weston
October
2005
Column
Page 540
 Is HUD trying once again to amend the RESPA statute by regulation?

TROs: A Guide to Winning Emergency Relief in Illinois

By Richard L. Miller II
October
2005
Article
Page 530
A step-by-step guide to seeking temporary restraining orders and preliminary injunctions.

Mortgage Escrow Account Act expands “mortgage lenders” and notice requirements - PA 094-0050

September
2005
Illinois Law Update
Page 446
On June 17, 2005, the Mortgage Escrow Account Act (Act) (765 ILCS 910/1 et seq) was modified from its original form so as to broaden the scope of "mortgage lender" to include savings banks, credit unions, mortgage bankers, and one who services the loan.

The Rental Housing Support Program Act’s Non-Deductible Charitable Donation

By James K. Weston
July
2005
Column
Page 366
Effective July 1, a new law requires counties to charge an extra $10 for every real estate document they record.

Is the Illinois Mechanics Lien Act Unconstitutional?

By Roger L. Price
June
2005
Article
Page 298
The author reviews recent decisions on the constitutional validity of the Act and recommends legislative action.

Finding a niche in FSBO home sales

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Some lawyers are making themselves available to do-it-yourself homesellers, with rewarding results.

How Illinois’ Homestead Exemption Really Works

By David J. Dwyer
May
2005
Article
Page 252
Here's how to calculate property taxes in Cook County under the new law.

Property Tax Code allows for post-judgment motions

May
2005
Illinois Law Update
Page 232
On February 17, 2005, the Illinois Supreme Court reversed the appellate court's dismissal of the property owners' appeal and remanded the case to the appellate court. 

Reducing Real Estate Fraud – Thumbprints and How Much More?

By James K. Weston
April
2005
Column
Page 208
Two different bills requiring notaries to maintain logbooks and record thumbprints are introduced this session.

All constitutional requirements must be met in order for property to qualify for a charitable-use property tax exemption

March
2005
Illinois Law Update
Page 116
On December 2, 2004, the Illinois Supreme Court reversed the orders of the appellate and circuit courts, which reversed the Illinois Department of Revenue's (Department) holding that the property in question was not tax exempt. 

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