Articles on Real Estate

Cook County Recorder of Deeds Rejects Transfer on Death Instruments Real Estate Law, October 2019 Recently, the Cook County Recorder of Deeds has been rejecting proffered Transfer on Death Instruments unless the document contains both the document number of the last duly recorded deed and the date of that recording.
Seventh Circuit on a Roll With Illinois Real Estate Cases By Michael J. Rooney Real Estate Law, October 2019 A closer look at tenancy by the entirety caselaw, judgment liens, and bankruptcy exemptions.
Final Order in Mortgage Foreclosure Action Bars All Claims Against the Mortgagee, Even a Claim for Fraud Upon the Court By James V. Noonan Real Estate Law, September 2019 A summary of Taylor v. Bayview Loan Servicing, LLC, in which the plaintiffs brought an action against a lender who foreclosed a mortgage on their home in a prior proceeding.
ILTA to Host Town Hall Meeting on Market Conduct Reform Real Estate Law, September 2019 ILTA will be hosting its second town hall meeting on market conduct reform on October 16 in Lisle.
New Illinois Trust Code Takes Effect Jan. 1, 2020 Real Estate Law, September 2019 A notice of the new Illinois Trust Code that will take effect in 2020.
Cook County Board Passes Just Housing Ordinance By Adrian P. Zeno Real Estate Law, August 2019 The Cook County Board of Commissioners passed an amendment to the human relations code to assist the formerly incarcerated with equal access to housing.
Illinois Appellate Court Rejects Mortgagor’s Attempt to Thwart Foreclosure by Claiming a Sham LLC He Set up Was Not Properly Served By James V. Noonan Real Estate Law, August 2019 In a recent appellate case, the mortgator belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC he set up shortly before foreclosure proceedings began, contending the LLC was not served.
Lessons in Interpretation of Covenants and Restrictions By Kim Casey Real Estate Law, August 2019 In Standlee v. Bostedt, the appellate court addressed the proper construction of seemingly contradictory provisions of a declaration of covenants and restrictions when addressing claims attempting to enforce those restrictions in a residential subdivision.
Kroot v. Chan: The Residential Real Property Disclosure Act revisited By Michael J. Maslanka Real Estate Law, July 2019 In Kroot v. Chan, plaintiffs alleged that the defendants violated the Residential Real Property Disclosure Act and committed common law fraud in the sale of their Chicago property.
Seventh circuit gets it right—Meaningless data or actionable information? By Michael Rooney Real Estate Law, July 2019 In United States v. Z Investment Properties, LLC, the court addressed the question of whether a recorded federal tax lien constituted constructive notice due to an incorrect spelling of the first name of the taxpayer against whom the lien was filed.
Cook County Recorder of Deeds fee schedule changing Real Estate Law, May 2019 A new fee schedule takes effect on May 20.
Drafting a FSBO residential real estate contract: Questionnaire for your clients By Colleen L. Sahlas Real Estate Law, May 2019 You as the attorney can properly draft the residential real estate sales contract from the get-go, rather than “fixing” it during the attorney approval period.
Illinois Supreme Court decision in Teamsters Local Union No. 700 has ramifications for condominium associations, municipalities, and other areas of law By Ellis Levin Real Estate Law, May 2019 The Illinois Supreme Court decision in 1550 MP LLC v. Teamsters Local Union No. 700 has ramifications for a wide variety of other areas of law.
Considerations for non-married parties purchasing residential real estate together By Erica Minchella Real Estate Law, March 2019 Unmarried couples pose specific problems for attorneys handling their real estate transactions.
It’s time to legislate the implied remedy for 22.1 disclosure violations By Adam B. Whiteman Real Estate Law, March 2019 Summaries of two cases that discuss the ramifications of violating section 22.1(a) of the Illinois Condominium Property Act.
Multi-Board Contract 7.0 – Handling cash transactions By Ralph J. Schumann Real Estate Law, March 2019 The recently-released 7.0 version of the Multi-Board Contract aims to reduce confusion and promote smoother closings.
2019: Year of eClosings? By Summer Chance Real Estate Law, February 2019 A look at the real estate industry's market trends and potential disrupters for 2019.
The ‘Multi-Board Residential Real Estate Contract 7.0’ By Philip J. Vacco Real Estate Law, February 2019 The new version of the Multi-Board Residential Real Estate Contract includes significant changes that real estate attorneys need to be aware of to expertly guide their clients through the transactional real estate process.
MyDec to be required for all Cook County conveyances Real Estate Law, February 2019 Effective January 21, 2019, prior to recording, all Cook County property conveyance instruments must be accompanied by an electronically-completed Cook County Real Estate Transfer Tax Declaration.
Quick hitters: Points of current interest By Michael J. Maslanka Real Estate Law, February 2019 Three brief legal updates for Illinois real estate attorneys.
Tick-tock: The 60-day clock for objections to personal jurisdiction in residential foreclosures By Kim Casey Real Estate Law, February 2019 The court weighed in on the meaning of section 15-1505.6(a) of the Illinois Mortgage Foreclosure Law concerning the timing of objections to personal jurisdiction in foreclosure actions in Wells Fargo v. Roundtree.
Completing commercial due diligence: Do not forget governmental requirements and zoning! By David B. Sosin Real Estate Law, January 2019 A roundup of some of the most commonly overlooked issues in commercial real estate transactions that all practicing lawyers should review.
Does the term “sidewalk” encompass a private walkway? By Emily R. Vivian Real Estate Law, January 2019 A summary of Hussey v. Chase Manor Condominium Ass’n, which addresses whether an informal pathway behind a condominium building is considered a “sidewalk” under the immunity provisions of the Snow and Ice Removal Act.
The effect of an order declaring heirship By Paul Peterson Trusts and Estates, January 2019 The Cook County Recorder of Deeds indicated on November 5 that it is not going to record heirship deeds or affidavits of heirship unless they are accompanied by an order declaring heirship. This article focuses on the effects of this procedure.
V&T Investment Corp. v. West Columbia Place Condominium Ass’n: A decision offering major answers to questions from purchasers of units in mortgage foreclosures By Ellis B. Levin Real Estate Law, January 2019 Interpretations of subsections 9(g)(3), 9(g)(4), and 9(g)(5) of the Condominium Property Act have been the subject of numerous court decisions, the most recent being the decision by the first district in V&T Investment Corp. v. West Columbia Place Condominium Ass’n.
Friends and colleagues remember Myles Real Estate Law, December 2018 Thoughts from friends and colleagues of Myles Jacobs.
A letter from Myles Jacobs By Myles L. Jacobs Real Estate Law, December 2018 A letter written by Myles Jacobs in the fall of 2018 reflecting on the principles he lived by.
The effect of an order declaring heirship By Paul Peterson Real Estate Law, November 2018 The Cook County Recorder of Deeds indicated on November 5 that it is not going to record heirship deeds or affidavits of heirship unless they are accompanied by an order declaring heirship. This article focuses on the effects of this procedure.
Post-closing issue? Don’t count on the Merger Doctrine to save you By Daniel A. Huntley Real Estate Law, November 2018 Many clients do not understand, or simply are not aware of, the potential for transaction liabilities to continue after the successful closing of the sale of real estate.
So you want to be an urban farmer? By George D. Maurides Animal Law, November 2018 Both houses of the state legislature recently passed HB3418 amending the Civil Administrative Code of Illinois to allow the Department of Agriculture to provide for the creation of municipal urban agricultural areas.

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