Articles on Real Property

An Analysis of Public Act 103-0400 Amendments to the Recorders Division of the Counties Code By Joseph Rogul Real Estate Law, November 2023 An overview of Public Act 103-0400, which amends the Counties Code.
Mitigation of Damages in Illinois Commercial Lease Disputes By R. Kymn Harp Real Estate Law, April 2023 An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Mitigation of Damages in Illinois Commercial Lease Disputes By R. Kymn Harp Commercial Banking, Collections, and Bankruptcy, April 2023 An Illinois landlord under a commercial lease must take reasonable measures to mitigate damages, but only if mitigation of damages is required.
Practitioner Reminder: Updated Guidance for Section 8 Project-Based Rental Assistance Program By Nicky Sonntag Real Estate Law, April 2023 The U.S. Department of Housing and Urban Development’s Office of Multifamily Housing Programs has published updated guidance for owners of properties participating in its Section 8 Project-Based Rental Assistance Program.
It’s Called a Taking: It Requires Just Compensation By Michael J. Rooney Real Estate Law, January 2023 A critical look at HB 5844, which was introduced in the Illinois House in November 2022.
Cook County Landlord Tenant Law: A Compass to Guide You By Laura L. Lundsgaard Elder Law, July 2021 As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Cook County Landlord Tenant Law: A Compass to Guide You By Laura L. Lundsgaard Real Estate Law, June 2021 As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.
Stealing Houses? By Frank Pellegrini Real Estate Law, March 2021 What do you get when you combine identity theft with mortgage fraud? The FBI calls it house stealing.
1 comment (Most recent March 16, 2021)
The Implied Warranty of Habitability: Implications for the Builder and the Homeowner By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, July 2020 If the implied warranty of habitability is not waived, builders leave themselves at risk from being sued by persons they never contracted with and new homeowners may find they have rights that they never anticipated.
Always refresh and renew your guaranty By David Seidman Business Advice and Financial Planning, April 2019 Attorneys must routinely advise their clients when they erroneously state that a guarantor’s responsibilities are not limited to the particular obligations set forth in the guaranty itself.
Why should an attorney be involved in residential real estate transactions? By Myles Jacobs Real Estate Law, December 2018 Myles Jacobs wrote countless articles about the law, primarily in the real property field. Here is one he wrote many years ago that still rings true today.
Presumptively Void Transfers to caregivers – A bit of mercy please? By Paul Peterson Trusts and Estates, October 2018 Caregivers are a necessary and desired part of our society. Yet some caregivers are guilty of fraud, duress, or undue influence. This article reflects on the issue and how the Presumptively Void Transfers Article of the Illinois Probate Act can be amended.
What color is your contract? By William J. Anaya Real Estate Law, June 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
The dangers of bifurcated title policies in residential real estate transactions By Joseph W. Rogul Real Estate Law, April 2018 For those who have not had the pleasure of handling a bifurcated deal, the term refers to a transaction in which two different title insurance companies issue the owner’s and lender’s title insurance commitments and policies.
1 comment (Most recent April 2, 2018)
An overview of housing cooperatives in Illinois By Karen G. Courtney Real Estate Law, April 2018 To effectively represent clients that buy and sell cooperative apartments, it is crucial for real estate attorneys to be familiar with housing cooperatives and how they work.
Recent developments By Michael J. Maslanka Real Estate Law, April 2018 Three developments that real estate law practitioners should find interesting.
JUNE 30 IS CLOSE! ISBA CLE! YES, JUNE 30 ALWAYS SEEMS TO ROLL AROUND QUICKLY FOR OUR MCLE/PMCLE REQUIREMENTS TO BE MET Real Estate Law, March 2018 Take advantage of your ISBA member benefits to earn CLE credit and to view practice-useful programs of the Real Estate Law Section Council.
The “new” 2016 ALTA title insurance commitment By Terry S. Prillaman, Jr. Real Estate Law, March 2018 A look at the major changes in the 2016 ALTA commitment.
Post-death conservation easements—Another way to save the farm? By Andrew White Real Estate Law, March 2018 One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
What color is your contract? By William J. Anaya Environmental and Natural Resources Law, March 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
100th General Assembly grants property tax relief by increasing some exemptions By John K. Norris Real Estate Law, February 2018 With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Buyer beware: The 7th Circuit clarifies a buyer’s obligations to pay real property transfer taxes when a seller is federally exempt By Adam J. Wilde Real Estate Law, February 2018 In Federal National Mortgage Association, et.al. v. City of Chicago, the 7th Circuit held that the Government Sponsored Enterprises' exempt status does not extend to third-party purchasers.
1 comment (Most recent February 7, 2018)
JUNE 30 IS CLOSE! ISBA CLE! YES, JUNE 30 ALWAYS SEEMS TO ROLL AROUND QUICKLY FOR OUR MCLE/PMCLE REQUIREMENTS TO BE MET Real Estate Law, February 2018 Take advantage of your ISBA member benefits to earn CLE credit and to view practice-useful programs of the Real Estate Law Section Council.
Presumptively Void Transfers to caregivers – A bit of mercy please? By Paul Peterson Real Estate Law, January 2018 Compared to the existing financial elder abuse sections in the Probate Act, the Transfer Article has the assumption of guilty until proven innocent, more stringent burdens of proof, stricter punishments and no possibility of judicial leniency. This article asks that the burden of proof be amended, that judges be allowed to void just the transfer to the caregiver where appropriate and be given the same discretion to mitigate the loss of the entire transfer as is given in the other sections dealing with financial elder abuse in the Probate Act.
Real Property Disclosure Reports: Avoiding unnecessary legal risks By Dan Huntley Real Estate Law, January 2018 Attorneys representing either side of a residential property transaction should be mindful of the liabilities imposed by needlessly completing a Real Property Disclosure Report and should work to minimize risks to all involved.
1 comment (Most recent January 14, 2018)
Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka Trusts and Estates, December 2017 Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Reprint of our very first issue Real Estate Law, December 2017 Provided for your enjoyment: This section's very first newsletter, from 62 years ago.
Who really regulates attorneys in Illinois? By Ralph J. Schumann Real Estate Law, December 2017 In April, 2017, the Illinois Department of Financial and Professional Regulation initiated prosecutions of two Illinois attorneys for alleged violation of the Real Estate Appraisal Licensing Act of 2002. But far from purporting to act as appraisers, or engaging in the development of appraisals, however, the attorneys were engaging in the practice of law.
100th General Assembly grants property tax relief by increasing some exemptions By John K. Norris State and Local Taxation, November 2017 With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Bankrupt widows and widowers beware: In re Jaffe, is out there By David A. Zulkey Real Estate Law, November 2017 This case ultimately holds that death of a spouse terminates any interest held in a tenancy-by-the-entirety and, therefore, prohibits that interest in said property from being exempt from collection by a creditor under the Bankruptcy Code and Illinois law.

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