Section Newsletters

Articles on Real Estate

Reminders Real Estate Law, October 2022 Important reminders for real estate practitioners.
Attack on Olympus: The Rise of FIRPTA By Donald Hyun Kiolbassa & Neil Noden Real Estate Law, September 2022 An overview of the Foreign Investment In Real Property Tax Act of 1980.
Case Summary: Marol State, LLC v. Everlane, Inc. By Daniel Huntley Real Estate Law, September 2022 In Marol State, LLC v. Everlane, Inc., the court considered whether a landlord, having sold a commercial real estate building, was still entitled to recover from a defaulting former tenant the difference between the lease’s future rental income stream and the property’s reasonable rental value.
The Condo Act and Mortgage Foreclosure: Section 9(g)(4) and the Sylva Case By Mark R. Rosenbaum Real Estate Law, September 2022 An analysis of Sylva, LLC v. Baldwin Court Condominium Ass'n, Inc. and the interpretation of subsection 9(g)(4) of the Illinois Condominium Property Act.
Explaining Real Estate Tax Timing in Illinois: A One-Time Solution Continues 88 Years Later By Richard Lee Stavins Real Estate Law, September 2022 Real estate taxes in Illinois are levied annually as a percentage of the value of the real estate as of January 1 of each tax year.
Reminders Real Estate Law, September 2022 Important reminders for real estate practitioners.
Illinois Makes General Contractors Liable for Paying Subcontractors’ Workers – NOW WHAT? Real Estate Law, August 2022 The agenda for an upcoming live webcast, Illinois Makes General Contractors Liable for Paying Subcontractors’ Workers – NOW WHAT?
Nonnavigable Rivers and Streams in Illinois: Illinois Supreme Court Punts By Michael J. Rooney Real Estate Law, August 2022 The Illinois Supreme Court recently issued its opinion in the case of Holm v. Kodat, which involved issues concerning the use of nonnavigable rivers and streams in Illinois.
What You Need to Know About the Illinois State Tax Lien Registration Act By Nicky Sonntag Real Estate Law, August 2022 An overview of the Illinois State Tax Lien Registration Act.
Haven’t Got a C.L.U.E.? By Philip J. Vacco Real Estate Law, July 2022 There are several situations in which a buyer may be ineligible to secure homeowner's coverage, which can derail a real estate transaction quickly.
Opening a Pandora’s Box for Illinois Land Trust Practice (Corcoran v. Rotheimer) By Donald Hyun Kiolbassa Real Estate Law, July 2022 The decision made by the appellate court in Corcoran v. Rotheimer may present unforeseen problems for Illinois real estate attorneys.
Quick Overview of the City of Chicago’s New Cooling Ordinance By Nicky Sonntag Real Estate Law, July 2022 In response to the tragic heat-related deaths of three residents of a senior apartment building in Rogers Park on May 14, 2022, the Chicago City Council enacted on June 22, 2022, new cooling and dehumidification requirements for some existing residential occupancies and certain new construction.
‘Condo Owner May Have Been Clever, But Not Too Clever’ By Kadijah Hall Real Estate Law, June 2022 A summary and analysis of Spiegel v. 1618 Sheridan Road Condominium Ass’n.
From the Chair By Michael J. Maslanka Real Estate Law, June 2022 A note from the outgoing chair.
Settlement Agreement Signed in the IRELA v. IDFPR Case By Michael J. Rooney Real Estate Law, June 2022 IRELA performed an important service when it stepped up to challenge IDFPR after it exceeded its statutory authority to regulate the title insurance industry and interfered in the client-attorney relationship that is governed by the Illinois Supreme Court.
Let’s Review, Shall We? By Michael J. Rooney Real Estate Law, May 2022 A look at the lawyers whose participation in representing clients in real estate transactions is limited to drafting the deed and preparing the relevant real estate tax forms.
An Order Staying Enforcement of a Foreclosure Judgment and the Attendant Right to Possession Is Not Reviewable on Appeal By James Noonan Real Estate Law, May 2022 In Old Second National Bank, N.A. v. Karolewicz, the court considered whether appellate jurisdiction exists to appeal from a trial court order staying the enforcement of a judgment under Supreme Court Rule 305.
The Condominium Act Does Not Specifically Authorize all Authority for an HOA Board By Kadijah Hall Real Estate Law, April 2022 A group of displeased condominium unit owners brought suit against their homeowners association board seeking declaratory and other relief against the association and its board of managers, claiming that the board's activities surrounding the investigation and negotiations of a proposed bulk sale of the condominium units violated sections 15 and 19 of the Condominium Property Act.
Impossible, Impractical, Frustrating, or Simply Unfortunate: Illinois Commercial Leases in the COVID Age By R. Kymn Harp Real Estate Law, April 2022 In March 2022, the appellate court issued its first opinion addressing efforts by a commercial tenant to escape liability under its lease by reason of the COVID-19 pandemic.
A Three-Pointer By Michael J. Maslanka Real Estate Law, April 2022 Three points of interest for real estate practitioners.
The Value of the Transactional Attorney By Cameron Lythberg Real Estate Law, April 2022 All too often, it seems the general public does not understand the value of the transactional attorney.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya Environmental and Natural Resources Law, March 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.
Condominium Board and Bulk Sales By Sherwin D. Abrams Real Estate Law, March 2022 A summary and analysis of Glazer v. Private Residences at Ontario Place Condo. Ass'n, which involved a proposed bulk sale of all residential and parking units in a condominium in Chicago.
A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney Trusts and Estates, March 2022 In a case of first impression in Illinois, an appellate court considered how a married couple hold title to real property when a conveyance to them as tenants by the entirety fails to create that estate and one of the grantees then dies.
Here’s a Thought: A Conversation About Title Insurance Legislation By Joseph W. Rogul & Michael J. Rooney Real Estate Law, March 2022 A conversation between two Real Estate Law Section Council members about title insurance legislation.
1 comment (Most recent March 17, 2022)
Real Estate Litigation: Traps for the Unwary By Richard Rappold Real Estate Law, March 2022 Two recent Illinois Supreme Court cases highlight a trap for the unwary regarding service of process in Cook County.
15 Illinois Sites Added to the National Register of Historic Places Last Year Real Estate Law, February 2022 The Illinois Department of Natural Resources has released a list of the 15 locations added to the National Register of Historic Places in Illinois in 2021
How Does This Work? And If You Were Examining Title, What Would Your Opinion Say? By Michael J. Rooney Real Estate Law, February 2022 Title examiners have a particular point of view on a variety of activities that impact the status of real estate titles. 
New Fannie Mae Condominium Underwriting Addendum: Speculations on Issues for Owners, Buyers, Lenders, Associations, and Developers By Paul Peterson Real Estate Law, February 2022 The new Fannie Mae loan underwriting requirements for condominium and co-op units are designed to foster homeowner sustainability.
ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya Real Estate Law, January 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.

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