Publications

Section Newsletter Articles on Real Property

The so-called Presumptively Void Transfers Act: Yet another trap for the unwary By Michael J. Rooney Real Estate Law, October 2016 The co-called “Presumptively Void Transfers Act” is allegedly designed to protect the elderly who are feeble in body and/or mind and who are subject to overreaching by a “caregiver.” In this article, the author argues that although that statement of the seeming intent of the Act and the operative section is simple, it is wrong.
Oil and gas law for the non-oil and gas lawyer By John C. Robison Mineral Law, September 2016 An overview for the practitioner who only occasionally encounters real estate with oil and gas issues.
Pouring over water certs and utility prorations By Adam Whiteman Real Estate Law, September 2016 Many municipalities require a water meter reading to be scheduled shortly before a closing as a pre-requisite to obtaining transfer stamps. However, City of Chicago water certifications are valid for up to 60 days. This creates a possibility that the water cert might not accurately reflect how much water is actually used prior to the closing.
Read ‘em and weep… in cards. Don’t read ‘em and weep… in law By Mike Maslanka Real Estate Law, September 2016 It is well-settled law in our state that a competent adult is charged with knowing and accepting the document he voluntarily signs and that his ignorance of what it says does not avoid its legal effect.
What NOT to include in your attorney modification letters By Colleen L. Sahlas Real Estate Law, August 2016 Modification letters that haven’t been thought through or well written can result in undermining our client’s best interests.
Tax sale purchase deemed fraudulent transfer By Megan G. Heeg Real Estate Law, July 2016 In Smith v. Sipi, LLC, a decision that could have a chilling effect on the Illinois real estate tax buying process, the Seventh Circuit held that a tax buyer was liable to a debtor in bankruptcy for a prior Illinois real estate tax sale on the basis that the tax sale was a fraudulent transfer.
Commercial tenancies: Clearly define every term in a lease agreement By Justin C. Strane Real Estate Law, June 2016 A recent appellate decision, Battaglia v. 736 N. Clark Corp., reminds us to clearly define all terms during commercial lease negotiations.
Commercial tenancies: Clearly define every term in a lease agreement By Justin C. Strane Business Advice and Financial Planning, June 2016 A recent appellate decision, Battaglia v. 736 N. Clark Corp., reminds us to clearly define all terms during commercial lease negotiations.
Germaneness is being ignored in recent association forcible cases By Mark R. Rosenbaum Real Estate Law, June 2016 Under recent caselaw, issues of lien rights appear to possibly now be a proper subject for claims and defenses in forcible court. I believe this is a mistake and that increased application of the concept of germaneness is necessary to correct the situation.
Lenders and contaminated property By Eugene P. Schmittgens, Jr. Business Advice and Financial Planning, May 2016 Establishing proper safeguards and with a property with a viable end-use, contaminated properties can be profitable for all parties.
Limiting percentage of rental units in condominium association may help retain property values By Michael Zink General Practice, Solo, and Small Firm, May 2016 Rental restrictions have become common practice among condominium associations great and small.
Will the real party plaintiff please stand up? Toward a sane foreclosure process: Substitution of party plaintiff, the transfer of interest, and implications on standing By Stephanie Bowman Arsenty Real Estate Law, May 2016 A look at the scenarios in which defendant borrowers are prejudiced by the statute governing substitution of parties and some proposed changes to promote fairness in the foreclosure process.
Caught by recapture By Michael G. Cortina Real Estate Law, April 2016 Not only did the appellate court affirm the decision of the trial court, which found that recapture rights are not a part of real estate and cannot be terminated by foreclosure, it also affirmed the decision to award $179,000 in attorneys’ fees to the appellee as the prevailing party in the litigation.
Revocable living trust, tenancy by the entirety, and a little loss of privacy By Michael J. Maslanka Real Estate Law, April 2016 As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.
Anthony P. Tummelson v. Elizabeth Ann White, 2014 IL App (4th) 150151, December 30th, 2015 By Philip J. Vacco Real Estate Law, March 2016 Would a transfer of funds from one cohabitant to another for the purpose of making mortgage payments, as well as other monthly obligations, be considered a gift or a contribution to the property?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Real Estate Law, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Business Advice and Financial Planning, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Purchasers of properties that have gone through judicial sale should be cautious By Adam M. Ansari Commercial Banking, Collections, and Bankruptcy, December 2015 The Illinois Appellate Court in Concord Air v. Malarz has increased the due diligence necessary for properties that have gone through a foreclosure sale.
Purchasers of properties that have gone through judicial sale should be cautious By Adam M. Ansari Real Estate Law, December 2015 The Illinois Appellate Court in Concord Air v. Malarz has increased the due diligence necessary for properties that have gone through a foreclosure sale.
Advising clients on home inspector’s limitation of liability By Timothy E. Duggan General Practice, Solo, and Small Firm, November 2015 The limitations on scope and liability can be a trap for the unwary
Big Brother is watching… your house! By Michael J. Maslanka Real Estate Law, November 2015 Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
What does “cf.” mean again? By Michael J. Maslanka Real Estate Law, November 2015 The 2nd District Appellate Court answered this question in its opinion filed on March 21, 2012 in the case of In Re Marriage of Romano.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka Real Estate Law, October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka Commercial Banking, Collections, and Bankruptcy, October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.
Sovereign immunity and negligent inspectors By Adam B. Whiteman Real Estate Law, October 2015 A victim of defective construction recently asked the author to sue a village because the village inspector approved the defective work. Here is what the author found in researching the issue.
A no-no by statute and caselaw By Michael J. Maslanka Real Estate Law, September 2015 In the case of Curielli v. Quinn, et al., decided by the First District Appellate Court on August 4, 2015, the Court held that an attorney cannot act as an attorney and a real estate broker at the same time for the same client, in the same transaction.
Understanding the Illinois Commercial Real Estate Broker Lien Act By Julia Jensen Smolka Real Estate Law, September 2015 A look at the basics of the Act works.
7th Circuit speaks on ethics By Michael J. Maslanka Real Estate Law, August 2015 Takeaways from Peterson v. Katten Muchin Rosenman LLP of interest to transactions attorneys.
Be aware—An Illinois builder can be liable to subsequent purchasers for a breach of the implied warranty of habitability regardless of a valid waiver in the construction contract with the original purchaser By Richard Guerard Real Estate Law, August 2015 What can a builder do in its agreements to address this issue of liability to subsequent purchasers of a home for the implied warranty of habitability for latent defects?
What’s old is now new: Application of the implied warranty of habitability to purchasers of three-year-old property—Editor’s comment By Adam B. Whiteman Real Estate Law, August 2015 Newsletter editor Adam Whiteman discusses the implications and questions brought by the recent case of Fattah v. Bim.