Case Summary: Chicago Title Land Tr. Co. v. Sara Watkin, 2025 IL App (1st) 241354By Philip J. VaccoReal Estate Law, March 2026An Illinois appellate court ruled that even if the statute of limitations prevents enforcement of a promissory note or mortgage foreclosure, the mortgage lien itself does not automatically disappear and can remain a cloud on the property’s title. Under Illinois law, the lien continues until 20 years after the debt’s maturity unless the mortgagee fails to take required actions to extend it under Section 13-116. As a result, old mortgage liens may still affect property titles even when the underlying debt can no longer be legally enforced.
Navigating the Landscape of Partition ActionsBy Cameron T. LythbergReal Estate Law, March 2026Partition actions are replete with emotions, difficult equity concerns, and civil practice issues. While seemingly simple at first blush, they can quickly become one of the most complex areas of civil practice.
New FINCEN Reporting Starts March 1, 2026!Real Estate Law, March 2026Will you have to file the Real Estate Report? Be sure to familiarize yourself with the reporting requirements.
A Reminder to Our Section MembersReal Estate Law, March 2026The Real Estate Law Section is intended to enhance the abilities of real estate legal practitioners, disseminate information on real estate law development, educate the the public on rights and procedures associated with property ownership, and more!
Landlord Not Entitled To Additional Insurance Proceeds for Property Damage or Lost Rental Income Resulting From Break-in and Vandalism at Three-Unit Residential BuildingBy Genevieve M. DanielsReal Estate Law, February 2026A summary of Bunjo v. State Farm Fire & Casualty Co., a First District case that discussed whether an owner of a three-story, three-unit residential property was covered under a homeowners insurance policy that covered losses as a result of vandalism and damages due to loss of use. Based on the facts of the case, the First District found State Farm was entitled to judgment as a matter of law and the homeowners insurance policy did not cover the alleged loss.
Oil and Gas Law Ownership Rights and Surface IssuesBy David M. ForemanReal Estate Law, February 2026Historically, an owner of real estate, in fee simple absolute, was thought to own a pie shaped cubit, extending from the center of the Earth, all the way up to the heavens. This traditional rule of ownership is a gross over simplification which, as we shall see, does not truly apply in the case of oil and gas.
REMINDER!Real Estate Law, February 2026The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership!
The New Receivership Act: Claims Filing, Automatic Stays, and Receivership Sales of Real EstateBy Paul PetersonReal Estate Law, January 2026The new Illinois Receivership Act brings a host of changes to receiverships in Illinois under certain circumstances. One of the purposes of the Act is to facilitate sales that can bring in more proceeds than would otherwise be obtained through a mortgage foreclosure, creating the necessity for all real estate practitioners to consider.
NOTEReal Estate Law, January 2026Quick summaries of new laws for 2026 that may impact the practice of real estate law.
2 Landlord/Tenant Quick-Hitter Case SummariesBy Michael J. MaslankaReal Estate Law, December 2025Quick looks at Atlas Asset Management v. Kang and Ebulon Financial Group, LLC v. Politanska, and each case's impact as it relates to landlord and tenant law.
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s AheadBy Ted M. NiemannTrusts and Estates, December 2025The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today!
Key Issues for Attorneys Reviewing Solar Leases in IllinoisBy Ean R. AlbersReal Estate Law, December 2025Rural practitioners, agricultural attorneys, and those practicing real estate law should be familiar with solar leases as part of sustained development advancements across Illinois. These leases can bind property for 30-50 years (or more), and be subject to various legal and economic considerations.
Note: CLE Opportunity!Real Estate Law, December 2025The ISBA Real Estate Law Section is co-sponsoring a one-hour CLE on January 28, 2026, at 11:00 AM titled the New Illinois Receivership Act. The program is a primer on the new Act. It will explain the impact of the Act on real estate and construction law.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaTrusts and Estates, November 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s AheadBy Ted M. NiemannReal Estate Law, November 2025The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today!
Public Act 104-0382 Will Affect Real Estate PractitionersBy Michael J. MaslankaReal Estate Law, November 2025Amendments to the Counties Code, effective on January 1, 2026, include changes to sections regarding fraud referral and review, property fraud alert systems, and registration by property owners and real estate professionals.
Resource CornerBy Nancy M. HandeganReal Estate Law, November 2025A quick look at some guidance the Farm Service Agency has provided, which can serve as a valuable resource in your practice.
Tax Deed Proceedings ChallengedBy Craig R. HedinReal Estate Law, November 2025A look at the case Integrity Investment et al. v. Illinois Attorney General et al. and how the future of tax deed proceedings may be changed based on this litigation.
Amendment to the Real Estate Transfer Tax LawReal Estate Law, October 2025Learn more about the amendment to the Real Estate Transfer Tax Law that provides for the use of electronic signatures affixed to electronically transmitted transfer declarations.
Illinois Updates Small Estate Affidavit Law To Reflect Modern RealitiesBy Emily R. VivianReal Estate Law, October 2025Updates to the Probate Act of 1975 brings changes to the small estate affidavit provisions, raising the minimum threshold for the estate value and excluding the value of motor vehicles.
SEC v. Equity Build, Inc., et al. and Public Act 104-0101: Bad Case and Good LawBy Joseph W. RogulReal Estate Law, October 2025A case summary of SEC v. Equity Build, Inc., its impact on representing sellers in real estate transactions, and a look forward at new Illinois legislation that hopefully extinguishes the stain of bad caselaw.
Case Summary: Harding v. ShiBy Nicky SonntagReal Estate Law, September 2025A summary of Harding v. Shi, IL App (1st) 20317, and its impact on seeking RLTO damages.
An Estate Planning Trap That Affects Real Estate, Too!By Michael J. MaslankaReal Estate Law, September 2025Ensure that you are choosing the right language in trusts, wills, Transfer on Death Instruments, or any other means to correctly express your client's intention on passing title to property.
Public Acts SummaryBy Paul PetersonReal Estate Law, September 2025A summary of new legislation from the 104th General Assembly that may impact your area of practice.
Case Summary: Tyler v. Hennepin County, MinnesotaBy Nicky SonntagReal Estate Law, August 2025A summary of Tyler v. Hennepin Cty., Minn., 598 U.S. 631 (2023), where the U.S. Supreme Court held that Hennepin County, Minnesota violated the Fifth Amendment's Takings Clause by keeping the $25,000 surplus from the tax sale of Geraldine Tyler’s condominium after satisfying her $15,000 unpaid real estate taxes debt.
A Note From the ChairBy Cheryl A. MorrisonReal Estate Law, August 2025A note from the chair of the Real Estate Law Section Council.
Practice TipBy Michael J. MaslankaReal Estate Law, August 2025Don't learn the hard way--ensure that the Spam folder of your email system is being checked at least daily in your practice.
Well Security Requirements AmendedBy Craig R. HedinReal Estate Law, August 2025Senate Bill 2463 was amended and subsequently the bill passed in the Senate on April 10, 2025, and passed in the House on May 22, 2025. The bill amends the amounts required for security and the right to provide cash security.
