This One Is Not a ‘Taking’ Says the Seventh CircuitBy Michael J. RooneyReal Estate Law, February 2023A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
Case Summary: Channon v. Westward Management, Inc.By Erica Crohn MinchellaReal Estate Law, January 2023Channon v. Westward Management, Inc. denies a private right of action for condominium unit owners to sue association management companies for charging excessive fees for the production of documents under 22.1 of the Condominium Act.
Illinois Estate Tax and Real Property: Best Practices for Residents and Non-ResidentsBy Luke E. Harriman & Angelica F. Russell-JohnsonReal Estate Law, January 2023This article discusses how real estate is treated for Illinois estate tax purposes, highlights some counterintuitive results based on this treatment, and provides recommendations for holding real estate in a tax-efficient manner.
Key Changes With the 2021 ALTA Owner’s PolicyBy Paul PetersonReal Estate Law, January 2023The American Land Title Association has issued its new 2021 policies, commitments, and selected endorsements.
Caveat Lawyer!Real Estate Law, December 2022A reminder to never assume the terms, provisions, conditions, or requirements of a contract with which you are not familiar.
New Relationships for Title AgentsBy Laura LundsgaardReal Estate Law, December 2022In recent years, a new party has been introduced to closings: the third-party title agent.
Case Summary: Findlay v. Chicago Title Insurance Co.By Kevin Camden & Richard W. RappoldReal Estate Law, November 2022Findlay v. Chicago Title Insurance Co. deals with the obligations of a title insurer to its insured, negligence, and malpractice.
Effect of Judgment Lien on Death of Joint TenantBy Emily R. VivianCommercial Banking, Collections, and Bankruptcy, November 2022The appellate court recently held that because a joint tenant’s interest in property terminates upon his death, a judgment lienholder cannot foreclose the judgment lien against such property after the joint tenant’s death.
Effect of Judgment Lien on Death of Joint TenantBy Emily R. VivianReal Estate Law, October 2022The appellate court recently held that because a joint tenant’s interest in property terminates upon his death, a judgment lienholder cannot foreclose the judgment lien against such property after the joint tenant’s death.
A Refresher on the Safe Homes Act Regarding Domestic ViolenceBy Nicky SonntagReal Estate Law, October 2022The Safe Homes Act was enacted to help address domestic violence, sexual abuse, dating violence, sexual assault, and stalking and includes provisions that require landlords to change locks on the premises in the case of domestic violence if the tenant provides the required notice and documentation.
RemindersReal Estate Law, October 2022Important reminders for real estate practitioners.
Attack on Olympus: The Rise of FIRPTABy Donald Hyun Kiolbassa & Neil NodenReal Estate Law, September 2022An overview of the Foreign Investment In Real Property Tax Act of 1980.
Case Summary: Marol State, LLC v. Everlane, Inc.By Daniel HuntleyReal Estate Law, September 2022In 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.
Nonnavigable Rivers and Streams in Illinois: Illinois Supreme Court PuntsBy Michael J. RooneyReal Estate Law, August 2022The 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.
Haven’t Got a C.L.U.E.?By Philip J. VaccoReal Estate Law, July 2022There are several situations in which a buyer may be ineligible to secure homeowner's coverage, which can derail a real estate transaction quickly.
Quick Overview of the City of Chicago’s New Cooling OrdinanceBy Nicky SonntagReal Estate Law, July 2022In 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.
