Publications

Section Newsletter Articles on Real Property

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.
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 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.
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.
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.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Real Estate Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Family Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, October 2017 Consider writing for this newsletter.
Condominium property subject to easements? YES! A review of Madden v. Scott, 2017 IL App (1st) 162149, (1st Dist. 2017) By Ellis B. Levin Real Estate Law, October 2017 The decision in Madden is another step in the long history of expanding Illinois easement holder rights.
Non-compliance with city ordinance is a viable defense to a forcible entry and detainer action By Adrian Zeno Real Estate Law, October 2017 On March 31, 2017, the 1st District Illinois Appellate Court ruled on whether an owner’s non-compliance with Chicago's “Protecting Tenants in Foreclosure Rental Property Ordinance” is a viable defense to a forcible entry and detainer action.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, September 2017 Consider writing for this newsletter.
Regulatory taking: A review of Murr v. Wisconsin By Barbara Starke Tishuk Real Estate Law, September 2017 In June 2017, the United States Supreme Court established a new—and potentially unwieldy—test for defining the unit of property subject to an alleged regulatory taking.
To record or not to record, that is the question By John C. Robison, Jr. Real Estate Law, September 2017 Author John C. Robison Jr. recently submitted mineral deeds, both lacking acknowledgments, to recorders in two separate counties. Both recorders rejected the deeds for recording because they lacked an acknowledgment.
Recent SCOTUS opinion raises hope for municipalities struggling to recover from effects of predatory lending practices of banks—And perhaps for their residents as well By Sharon L. Eiseman Real Estate Law, August 2017 Author Sharon Eiseman was in the courtroom when the U.S. Supreme Court released its opinion in Bank of America Corp. et. al. v. City of Miami, Florida.
Title insurance fees O.K. By Philip J. Vacco Real Estate Law, August 2017 A closer look at the appellate court’s rationale behind its decision in Chultem v. Ticor Title Ins. Co.
Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka Real Estate Law, July 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.
Keep litigious proclivities out of real estate transactions By Colleen L. Sahlas Real Estate Law, July 2017 A litigator’s strategies may be effective in litigation, but in a residential real estate deal they can backfire, be destructive, and even jeopardize your client’s contractual rights.
Book review: Getting Started as a Real Estate Attorney, by Joseph R. Fortunato By Leonard F. Amari Young Lawyers Division, June 2017 This 130-page volume contains “everything-one-could-possibly-want-to-know” about practicing in the real estate transaction field, written by a recognized authority.

Pages

Select a Different Subject