Section Newsletters

Articles on Real Estate

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.
Swing and a Miss: Seventh Circuit Ends Hitting Streak By Michael J. Rooney Real Estate Law, June 2020 An analysis of a recent seventh circuit opinion in which the court broke a very favorable recent batting streak of hits concerning local real property law.
Cook County’s Just Housing Amendment and Its Implications By Casey Hornsby Real Estate Law, May 2020 According to Cook County’s Just Housing Amendment, which became effective January 1, 2020, any landlord that performs tenant screening must adhere to the Amendment’s new procedure.
1 comment (Most recent May 12, 2020)
Estate of Jezewski v. Jaworski: A Warning on Joint Tenancy By Thomas A. Ball Real Estate Law, May 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.
Former Condo Association Board Director Owes Attorneys’ Fees and a Lot More By Michael J. Maslanka Real Estate Law, May 2020 A summary of Spiegel v. Kim, in which a condo association sued the former director for all kinds of misfeasance and malfeasance while he was allegedly acting under the auspices of being a member of the board of directors of the association.
An FYI: What Is the Practice of Law? Is a Real Estate Closing the Practice of Law? Some States Say No, But Connecticut Said Yes Real Estate Law, May 2020 A look at Public Act No. 19-88.
The Illinois Two-Step: The Forbidden Dance? By Michael G. Cortina Bench and Bar, May 2020 When there is a dispute as to the validity of a mortgage and the mortgagee wants to foreclose, some lawyers may consider filing declaratory judgment actions that seek a declaration that the mortgage is valid so that they can later file another action to foreclose the judicially-declared valid mortgage—but this is against the spirit of Illinois mortgage foreclosure law and may violate the tenets of res judicata.
We Want to Hear From You, Our Section Members Real Estate Law, May 2020 A call for articles.
Cook County’s New ‘Just Housing Amendment’ and What We Can Expect By Casey Hornsby Real Estate Law, April 2020 The Just Housing Amendment institutes new conduct that housing providers must adhere to in using criminal background checks to accept or deny housing applicants.
Court Ordered Commercial Land Use Regulation And Religious Organizations By William J. Anaya Real Estate Law, April 2020 A summary of Fraternité Notre Dame v. County of McHenry, which deals with the federal Religious Land Use and Institutionalized Persons Act.
Morse v. Donati: A Case Summary Regarding Short Sale Damages, Etc. By Erica Minchella Real Estate Law, March 2020 Generally, when a short sale fails to close, there are no damages and the parties move on—however, this was not the case in Morse v. Donati.
What the Decision in Ruiz v. Cal-Ful Condominium Ass’n Tells Attorneys By Ellis B. Levin Real Estate Law, March 2020 An analysis of Ruiz v. Cal-Ful Condominium Ass’n, which centered on a dispute between two condominium unit owners and the condominium board of directors regarding the directors’ exercise of their fiduciary duty.
Cook County Recorder of Deeds Rejects Transfer on Death Instruments Trusts and Estates, February 2020 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.
Cook County: Changes to Provisions Regarding the Senior Citizens Homestead Exemption By Emily R. Vivian Real Estate Law, February 2020 Attorneys representing homeowners in Cook County should be familiar with the provisions of Public Act 101-453, which amend provisions of the Illinois Property Tax Code regarding the senior citizens homestead exemption.
1 comment (Most recent February 12, 2020)
Mandamus Fails for Lack of Duty by City to Enforce Its Land Use Ordinances By John J. Foley Real Estate Law, February 2020 A summary of Ryan v. City of Chicago, in which the plaintiff claimed a neighbor's newly-built home encroached on her property.

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