Section Newsletters

Articles From Joseph R. Fortunato

Sellers Can Sue Over Excessive Fees for Section 22.1 Condo Disclosures By Joseph R. Fortunato Real Estate Law, January 2022 The case of Channon v. Westward Management, Inc. involved a suit by a condominium unit owner against a property manager for excessive and unreasonable fees to provide the owner with documents and other information that unit owners are required by the Illinois Condominium Property Act to provide to prospective purchasers.
Real Estate Law Section Council Happenings By Joseph R. Fortunato Real Estate Law, September 2021 An imagined conversation between two Real Estate Section Council members about Schweihs v. Chase Home Finance, et al.
Case Summary (Re: Buyer’s Attorney’s Duties) By Joseph R. Fortunato Real Estate Law, February 2021 Crawford v. Hayen, et al. involves a legal malpractice claim against a law firm brought by a buyer of a condominium unit.
Case Summary (Tenant? Licensee? Trespasser? Possession Rights Reviewed) By Joseph R. Fortunato Real Estate Law, January 2021 A summary and analysis of Dix v. Edelman Financial Services, et al.
Case Summary: 21 Kristin Condominium Ass’n v. Pioneer By Joseph R. Fortunato Real Estate Law, January 2021 The case of 21 Kristin Condominium Association v. Pioneer provides an interesting discussion of common law duties of those who, in the course of business, provide false information for the guidance of prospective purchasers of condominium units.
Case Summaries By Joseph R. Fortunato Real Estate Law, September 2020 Summaries of two recent appellate cases of interest to real estate practitioners, Norman vs. U.S. Bank, NA and Burgoyne, LLC vs. Chicago Terminal Railroad Company, et al.
Whither the Doctrine of Implied Warranty of Habitability in new construction—did the Illinois Supreme Court change course in Fattah v. Bim? By Joseph R. Fortunato, Jr. Real Estate Law, January 2017 The recently decided case of Board of Managers of the 1120 Club Condominium Association v. 1120 Club, LLC, et al, seems to breathe new life into the concept of the Implied Warranty of Habitability, but important questions remain unanswered.
When worlds collide—Condominium law vs. foreclosure law and 1010 Lake Shore Association v. Deutsche Bank National Trust Company By Joseph R. Fortunato Real Estate Law, February 2016 The saga of the case of 1010 Lake Shore Association v. Deutsche Bank National Trust Company has come to a conclusion of sorts as a result of the opinion filed December 3, 2015 by the Illinois Supreme Court.
Special Warranty Deeds—For the rest of us By Joseph R. Fortunato, Jr. Real Estate Law, February 2015 The author has approximately 20 years of experience drafting Special Warranty Deeds at closing, and provides a sample form.
1 comment (Most recent January 21, 2015)
The nature of title insurance and the “law of unintended consequences” in real estate transactions By Joseph R. Fortunato, Jr. Real Estate Law, July 2014 A summary of United Community Bank v. Prairie State Bank & Trust.
1 comment (Most recent July 10, 2014)
2010 case law update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, February 2011 A summary of recent real property cases.
Case law update: Real estate contracts By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, January 2011 Recent cases of interest to real estate practitioners.
The Harold I. Levine Memorial* caselaw update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, December 2010 Recent cases affecting real estate practitioners.
A comparison of the new Multi-Board Residential Real Estate Contract 5.0 (Year 2009 version) with the 4.0 version By Joseph R. Fortunato, Jr. Real Estate Law, December 2009 In this outline I will attempt to review and contrast the Multi-Board Residential Real Estate Contract 5.0, approved or soon to be approved throughout the Chicago area, with the Multi-Board Residential Real Estate Contract 4.0, the so-called “Common Contract” currently in use.
Overview of attorney review cases By Joseph R. Fortunato, Jr. Real Estate Law, October 2007 Contract forms have contained clauses described variously as “Attorney Approval,” “Attorney Modification,” “Attorney Disapproval” and “Attorney Review.”
A comparison of the new Multi-Board Residential Real Estate Contract 4.0 (Year 2006 version) with the 3.0 version By Joseph R. Fortunato Real Estate Law, August 2006 In this outline the author attempts to review and contrast the Multi-Board Residential Real Estate Contract 4.0, approved or soon to be approved throughout the Chicago area, with the Multi-Board Residential Real Estate Contract 3.0, the so-called “Common Contract” currently in use.
HUD’S “Final Rule” on its proposal to amend RESPA By Joseph R. Fortunato, Jr. Real Estate Law, June 2004 In the summer of 2002, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule that would have revamped the Real Estate Settlement Procedures Act of 1974 (RESPA).
Excerpts from Minutes of Real Estate Law Section Council meeting By Joseph R. Fortunato, Jr. Real Estate Law, September 2003 The June 21, 2003, meeting of the Real Estate Law Section Council of the Illinois State Bar Association was called to order at 9:30 a.m. at The Abbey Resort & Fontana Spa, Fontana, Wisconsin, by Samuel Levine, Chair.
The new and improved Multi-Board Residential Real Estate Contract By Joseph R. Fortunato Real Estate Law, February 2003 Transactional practitioners in Chicago and the collar counties may be familiar with a four-page real estate contract form entitled "Residential Real Estate Contract" known colloquially as the "Common Contract."
The unauthorized practice of law in modern real estate transactions Quinlan & Tyson remains instructive and enforceable By Joseph R. Fortunato & William J. Anaya Real Estate Law, May 2002 It is no surprise to real estate lawyers that non-lawyers involved in related real estate business are devising creative methods designed to increase their market share and their profits.
Real estate case law update By Steven B. Bashaw & Joseph R. Fortunato, Jr. Real Estate Law, June 2001 Note: those in attendance at the November 2000 ISBA Real Estate Section Law Ed SeriesSeminar received a packet of materials that included a Case Law Update consisting of 66 pages of case summaries compiled by Steven Bashaw from his monthly real estate publication, Keypoints.

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