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Articles on Real Property

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.
1 comment (Most recent November 8, 2017)
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.
1 comment (Most recent September 14, 2017)
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.
1 comment (Most recent July 18, 2017)
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.
1 comment (Most recent June 6, 2017)
Should Illinois real estate brokers “freak out” about Horiike v. Coldwell Banker Residential Brokerage Company et al.? (Is it a dual agency case, a disclosure case or a little bit of both?) By Betsy Urbance Real Estate Law, June 2017 Short answer: No. Read this article to understand the author's reasons.
1 comment (Most recent July 12, 2017)
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.
1 comment (Most recent May 17, 2017)
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.
1 comment (Most recent September 6, 2016)
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.

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