Illinois Bar Journal


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Articles on Real Estate Law

Mechanics Liens and Slander of Title: The Case for Absolute Privilege By Michael G. Cortina May 2004 Article, Page 267 The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.
Real Estate Transfer Tax Regulations Amended to Prohibit Effective Double-Taxing of Real Estate Entities P.A. 93-0657 May 2004 Illinois Law Update, Page 242 Effective June 1st, limits are imposed to stop effectively double-taxing some real estate entities.
2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More By Nancy J. Arnold and Tim Eaton April 2004 Article, Page 180 A look at last year's leading supreme court civil cases.
How to represent an apartment buyer By Helen W. Gunnarsson April 2004 LawPulse, Page 170 Contributors to an ISBA e-mail discussion group create a primer that describes what any attorney should insist upon when representing the buyer of an apartment building.
A New Look for Closings Comes to Local Title Offices By James K. Weston January 2004 Article, Page 43 A new law allows a title insurance company to file a certificate of release for any paid-off mortgage.
Non-breaching party to a real estate contract may seek, in addition to specific performance, damages for delay in the performance of the contract, provided that the damages are reasonably foreseeable. November 2003 Illinois Law Update, Page 550 On August 29, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County.
Mortgage Certificate of Relief Act amendments signed into law By Helen W. Gunnarsson September 2003 LawPulse, Page 430 Lenders often fail to send a certificate of release after a mortgage has been paid off. A new law addresses the problem.
Assessing reassessments By Helen W. Gunnarsson August 2003 LawPulse, Page 374 Appellate court precedent makes it difficult for assessors to change the valuation of property more often than once every four years. But what are the limits on assessors' authority to "revise and correct"?
Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act July 2003 Illinois Law Update, Page 332 On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.
Proposed RESPA Regs Worry Real-Estate Bar By Helen W. Gunnarsson June 2003 LawPulse, Page 274 Real estate practitioners fear that proposed new regulations under the Real Estate Settlement Procedures Act spell trouble for consumers and lawyers.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Green-sheet blues By Helen W. Gunnarsson March 2003 LawPulse, Page 110 For purposes of calculating real estate transfer taxes, the "consideration" paid for a new house equals the original contract price and; whether your homeowner client likes it or not; the extras added later, real estate practitioners argue.
New guidelines created governing home loans P.A. 92-0531 March 2003 Illinois Law Update, Page 116 Recent amendments to the Deposit of State Moneys Act (15 ILCS 520/7) now permit approved financial institutions to place the interest earned by deposited state moneys in a separate account.
The “Religious Purposes” Property Tax Exemption and the First Amendment By James W. Hilliard October 2002 Article, Page 549 Here's how taxing authorities can determine whether property is being used for religious purposes without impermissibly inquiring into religious beliefs.
The truth about mold By Helen W. Gunnarsson October 2002 LawPulse, Page 506 If you practice real-estate law, it's time you learned the moldy facts.
Representing Home Buyers in Post-Caveat-Emptor Illinois By John O’Rourke August 2002 Article, Page 421 The impact of seller-disclosure law on Illinois residential real-estate practice.
Correspondence from Our Readers July 2002 Column, Page 334 Put family first.
Uncle Sam sidesteps tenancy-by-the-entirety restrictions By Helen W. Gunnarsson July 2002 LawPulse, Page 338 A recent U.S. Supreme Court case holds that tax liens against one spouse attach to property held in tenancy by the entirety by both spouses, putting the IRS in a better position than other creditors.
A Primer on Eminent Domain By Jack H. Tibbetts June 2002 Article, Page 313 An outline of the procedural requirements and recent cases.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
Legislation prescribes insurance requirements for condominium associations; P.A.92-0518 April 2002 Illinois Law Update, Page 176 In January, Gov. Ryan signed into law Senate Bill 1046 amending the Condominium Property Act by replacing certain provisions of the Act pertaining to insurance for condominium associations and risk pooling trust funds for condominium associations or common interest community associations. Under the new law.
A new law makes tenancy by the entirety easier By Helen W. Gunnarsson April 2002 LawPulse, Page 168 Thanks to recent legislation, lawyers can create this under-appreciated form of ownership for their married clients without expressly stating in the deed that the parties are husband and wife.
IRPTA; goodbye and good riddance By Helen W. Gunnarsson March 2002 LawPulse, Page 114 Real estate lawyers applaud the demise of the Illinois Responsible Property Transfer Act, which they say produced useless paperwork and little else.
Buyers of condominium units did not waive implied warranty of habitability when disclaimer in sales contract did not contain the phrase “implied warranty of habitability” February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court reversed the appellate court's affirmation of a motion to dismiss brought by condominium unit sellers.
The estate of homestead is a permissible defense to a forcible entry and detainer action by a condominium association seeking possession and money damages for back maintenance assessments on a condominium unit February 2002 Illinois Law Update, Page 66 On November 26, 2001, the Appellate Court of Illinois, Second District, reversed the decision of the trial court, holding that an estate of homestead is a defense to a condominium association's forcible entry and detainer action against a condominium owner who owes back assessments to the association.
New Legislation: Real-Estate Roundup By Helen W. Gunnarsson February 2002 LawPulse, Page 62 Real estate; they're not making any more of it. But that doesn't mean they aren't passing new real-estate-related laws.
Correspondence from Our Readers December 2001 Column, Page 614 Direct questioning by lawyers; the way it used to be.
Potential Legal Pitfalls in Condominium Development By Brian K. Kozminski December 2001 Article, Page 655 A legal roadmap for Illinois condominium owners.
Don’t Let Your Client Be Labeled a Predatory Lender By Mavis W. Kennedy November 2001 Article, Page 595 A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.
Legislation authorizes sale of a decedent’s real estate on the Internet; P.A. 92-097 November 2001 Illinois Law Update, Page 568 In July, Gov. George H. Ryan signed legislation amending the Probate Act of 1975.