Section Newsletters

Articles on Real Estate

Luxury Condominium Mechanics Lien Issues in Illinois By Paul Peterson Construction Law, February 2021 It may be time for title insurers to change how the mechanics lien risk in insuring luxury condominium unit sales is underwritten.
Notices Real Estate Law, February 2021 Important notices for real estate practitioners.
Protecting the House From Nursing Home Expenses By William S. Wilson Trusts and Estates, February 2021 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.
Case Summary: Mary Doherty v. Country Faire Conversion Real Estate Law, January 2021 A summary and analysis of Mary Doherty v. Country Faire Conversion, LLC, which involved an LLC membership interest that was foreclosed on and the interest holder's rights afterward.
Note Real Estate Law, January 2021 A note regarding the interest rate on security deposits for rental properties in Chicago.
Notice Real Estate Law, January 2021 A notice regarding Cook County real estate tax bills.
Good Fences Make Good Neighbors—Or Do They? By Dennis Riley Real Estate Law, December 2020 An analysis of The Fence Act.
Notice Real Estate Law, December 2020 A notice regarding Cook County real property taxes for 2020.
1 comment (Most recent December 17, 2020)
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Elder Law, November 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
A Mineral Rights Case Summary of Mitchell/Roberts Partnership v. Williamson Energy, LLC, 2020 IL App (5th) 190339 By Alexander E. Porter Real Estate Law, November 2020 A summary and analysis of Mitchell/Roberts Partnership v. Williamson Energy, LLC.
Notice Real Estate Law, November 2020 A notice regarding mortgage foreclosure filings.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Trusts and Estates, October 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Business Advice and Financial Planning, October 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Real Estate Law, September 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
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.
Protecting the House From Nursing Home Expenses By William S. Wilson Real Estate Law, September 2020 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.
The Existence of an Executed Loan Modification Will Justify Setting Aside a Foreclosure Sale Under Illinois Foreclosure Law By James Noonan Real Estate Law, August 2020 A summary and analysis of Deutsche Bank N.A. v. Cortez.
Luxury Condominium Mechanics Lien Issues in Illinois By Paul Peterson Real Estate Law, August 2020 It may be time for title insurers to change how the mechanics lien risk in insuring luxury condominium unit sales is underwritten.
Wake-Up Call to Condominium Boards Regarding Section 15 Sales By R. Kymn Harp Real Estate Law, August 2020 A summary and analysis of Kai v. Board of Directors of Spring Hill Building I Condominium Ass’n.
Case Note: Recent Illinois Appellate Court Analysis of Adverse Possession By Timothy Hammersmith Real Estate Law, July 2020 A recent appellate case, Christine Valenziano and C.J.W. Development Company v. Rachel L. Stewart f/k/a Rachel O’Connor, provides some good insight on issues surrounding claims for adverse possession.
Estate of Jezewski v. Jaworski: A Warning on Joint Tenancy By Thomas A. Ball Trusts and Estates, July 2020 Estate of Aniela Jezewski v. Elizabeth Jaworski and Kaziemerz Jaworski, which deals with the title to a house in Chicago, tells us that the presumption of tenancy in common and the four unities that defend the presumption still matter.
Practice Tip (Or Oops! I Just Stepped In…!) By Michael J. Maslanka Real Estate Law, July 2020 Powers of attorney for closing-related purposes should probably be drafted with specific start and end dates and without the "revoke all prior powers of attorney" language.
You’ve Never Heard of an Avigation Easement? Consider Construction and Expansion of Airports and the Impact on Landowners Nearby—and Read On! By Sharon L. Eiseman Real Estate Law, July 2020 A look at Jackiewicz v. The Village of Bolingbrook, which arose from a complaint by a group of unhappy homeowners against the Village of Bolingbrook claiming damages to their properties as a result of the renovation of an existing runway at that airport.
Abellan v. Lavelo Property Management, LLC: Is Rooney Right or Off His Rocker? By R. Kymn Harp Real Estate Law, June 2020 A response to Michael J. Rooney's article, Swing and a Miss: Seventh Circuit Ends Hitting Streak.
Illinois Court Denies Summary Judgment to Lender and Servicer on Trespass and Consumer Fraud Claims Following a Botched ‘Trash Out’ By James V. Noonan Real Estate Law, June 2020 In response to a foreclosure, the mortgagors in Federal National Mortgage Ass'n v. Obradovich counter sued their lender, the mortgage loan servicer, and the contractor their lender retained to manage the winterization of the property, claiming a sub-contractor botched the job and caused extensive damage.
MCLE Reminder & Warning Real Estate Law, June 2020 A reminder on MCLE reporting deadlines.
Practice Tip 1 Real Estate Law, June 2020 A note on the importance of recording transfer on death instruments as soon as possible.
Practice Tip 2 By Michael J. Maslanka Real Estate Law, June 2020 Practice tips for attorneys who receive calls from the child of a deceased client asking for guidance regarding the decedent's estate matters.
Private Process Server Need Not Be Appointed by Court to Serve Process in Cook County if the Suit Was Filed in a Different County By James V. Noonan Real Estate Law, June 2020 At issue in Municipal Trust and Savings Bank v. Moriarty, et al. was whether the defendant-mortgagor in a foreclosure action was properly served, such that a foreclosure judgment was void for lack of jurisdiction.
Service on Trustee: McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, 2019 IL App (3d) 170858 By Elisha Deen Sanders Trusts and Estates, June 2020 A summary of McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, which considers whether the defendant was properly served.

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