Publications

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.

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