Articles on Real Property

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.
Include trustee’s acceptance language in an instrument conveying real property out of a land trust into a living trust By Colleen L. Sahlas Trusts and Estates, June 2017 When conveying real property out of a land trust to a living trust, don’t rely on the land trust company to prepare an instrument of conveyance that includes a written acceptance by the trustee of a trust to fulfill the new Illinois Statute at 760 ILCS 5/6.5(a).
Real estate tax exemptions in Illinois: A primer By Leonard F. Amari & Vesna Marusic Senior Lawyers, June 2017 Understanding the basics of real estate tax exemptions in Illinois.
Avoiding liabilities when working alongside real estate agents By Colleen L. Sahlas Real Estate Law, May 2017 Working relationships between attorneys and agents in real estate can often be positive and valuable. But it’s critical to understand and address the roles between agents and attorneys, define the boundaries, and be wary of potential liabilities that could result from working alongside them.
The costs of condominium documents and disclosures in condo sales By Adam B. Whiteman Real Estate Law, May 2017 There is growing concern among real estate practitioners that management companies view these charges as a gravy train in that most of the information being provided is completely automated. In light of this automated method of delivery, is a $300-$500 fee really “reasonable”?
Drones, federal and Illinois law, surveillance and the Fourth Amendment –Ad coelom et ad inferos? By Elizabeth Austermuehle Real Estate Law, April 2017 This article examines the intersection of property owners’ rights and drone operators’ rights, and highlights some of the wide ranging societal repercussions that may result from increased commercial and governmental drone usage in the coming years.
A tip to ingratiate yourself with real estate purchasing clients By Michael J. Maslanka Real Estate Law, April 2017 In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Ownership of mineral interest: How to avoid probate, taxes and loss of rights By David M. Foreman & George C. Lackey Mineral Law, March 2017 The use of a mineral trust can avoid the issue of multiple ancillary probates in the states where the mineral interests are located.
Your tenant just exercised its option to purchase – where did your cash flow go until closing? By Timothy J. Hammersmith Real Estate Law, March 2017 If you own commercial real estate and your tenant has an option to purchase the leasehold premises as part of the lease, overlooking a few important details in drafting the option provisions can be costly.
Do good fences make good neighbors? By Joel L. Chupack Real Estate Law, February 2017 What does a good neighbor do if they want a fence, but there is a recorded restriction that states “NO FENCE OF ANY KIND SHALL BE COMMENCED, ERECTED OR MAINTAINED IN SAID SUBDIVISION ON ANY RESIDENTIAL LOT”?
Recent decisions in real estate tax cases By Timothy E. Moran & Ciarra J. Schmidt State and Local Taxation, December 2016 Recent cases of interest to practitioners.
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 B. 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 Michael J. 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?


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