Articles on Real Estate

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.
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.
Liens Against Decedent’s Real Estate By Leonard Berg Real Estate Law, December 2021 A look at whether a lien filed against a decedent's real estates provides the creditor any security.
Rollin’ on the River: WWJD? By Michael J. Rooney Real Estate Law, December 2021 In June, the appellate court handed down a decision in a case involving the Mazon River, finding that river non-navigable and upholding the rights of owners of real estate that bordered the river to prevent the public from using the river because that was a trespass on their land that included a portion of the river.
Uniform Easement Relocation Act Approved & Published, May Be Introduced to Illinois Legislature in 2022 By George D. Maurides & Ted M. Niemann Real Estate Law, December 2021 The Uniform Easement Relocation Act was recently approved and published by the Uniform Law Commission, a Chicago-based non-profit organization that drafts model state laws on topics where uniformity between the states is perceived to be beneficial.
The Unintentional Demise of a Sales Agreement: A Cautionary Tale of the 7.0 Multi-Board Real Estate Sales Agreement By Philip J. Vacco Real Estate Law, December 2021 A look at one of the flaws of the 7.0 Multi-Board Residential Real Estate Contract.
1 comment (Most recent December 15, 2021)
Year-End Reminders Real Estate Law, December 2021 Important reminders for real estate practitioners as the end of 2021 approaches.
A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney Real Estate Law, November 2021 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.
Liens Against Decedent’s Real Estate By Leonard Berg Trusts and Estates, November 2021 A look at whether a lien filed against a decedent's real estates provides the creditor any security.
New Fannie Mae Condominium Requirements By Paul Peterson Real Estate Law, November 2021 Effective January 1, 2022 for all loans secured by units in condominiums and co-op projects with five or more attached units, regardless of the type of project review or review waiver, Fannie Mae has made new requirements of appraisers and lenders.
Practice Tip: Rental Assistance Programs By Laura Lundsgaard Real Estate Law, November 2021 Lawyers representing landlords or tenants are wise to be aware of the rental assistance programs available for tenants now that the eviction moratorium has expired.
The Forgotten Options in Defending Foreclosures By Jeffrey G. Liss Real Estate Law, October 2021 A look at section 15-506 of the Illinois Mortgage Foreclosure Law.
The Meaning of the Word ‘Contiguous’ By Michael J. Rooney Real Estate Law, October 2021 The Tax Increment Allocation Redevelopment Act and the annexation provisions of the Illinois Municipal Code provide two different meanings of the word "contiguous."
New Laws of Interest By Michael J. Maslanka Real Estate Law, October 2021 Summaries of recently enacted laws of interest to real estate practitioners.
Are Rumors of the Imminent Death of the Section 1031 Exchange Fact or Myth? By Donald Hyun Kiolbassa, JD,CPA Real Estate Law, September 2021 The 1031 exchange is a tax benefit that has been around for decades. While many administrations have attempted to topple this tax provision, they have failed.

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