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Real Property
The newsletter of the ISBA’s Section on Real Estate Law

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Newsletter Articles From 2010

2010 legislative summary By Douglas M. Karlen November 2010 New legislation affecting real estate law and practice, litigation, and title insurance law and practice.
ABN AMRO Mortgage Group, Inc. v. Nona L. McGahan, 2010 Ill. LEXIS 959, 2010 WL 2222126 (June 4, 2010) By Richard F. Bales December 2010 This recent case requires that a lender must have a personal representative appointed when it discovers that the mortgagor against whom it is foreclosing is deceased.
Basic construction insurance coverage By Bruce H. Schoumacher September 2010 A guide to drafting construction insurance provisions.
Construction law: What’s new in 2010 By Bruce H. Schoumacher, Alicia Garcia, and Emily Widmer September 2010 Recent construction law cases.
Editor’s comment By Adam B. Whiteman November 2010 An introduction to the issue from Editor Adam Whiteman.
Federal lead exposure regulations impact work done on pre-1978 residences and child-occupied facilities By Jennifer J. Sackett Pohlenz May 2010 Including regulated substances like lead and asbestos in your pre-work planning can ultimately make for a smoother and more economical project.
The Harold I. Levine Memorial* caselaw update By Steven B. Bashaw and Joseph R. Fortunato, Jr. December 2010 Recent cases affecting real estate practitioners.
Home Repair and Remodeling Act final word: The Supreme Court speaks and listens to the Legislature By Steven B. Bashaw November 2010 The Illinois Supreme Court's decision in K. Miller Construction Company v. McGinnis clarifies that contractors may maintain an action to foreclose their mechanic’s liens pursuant to such oral contracts.
The Home Repair And Remodeling Act—Can we fix it? By Adam B. Whiteman February 2010 The Home Repair and Remodeling Act (“Home Repair Act), 815 ILCS 513/1 et seq. (West 2006) has been the subject of nine separate appellate decisions, and it has already made its way to the Illinois Supreme Court since its passage in 2000.
Home repair and remodeling insurance may not cover contractors violating the Home Repair and Remodeling Act By Nathan B. Hinch November 2010 A look at the recent decision in West Bend Insurance Company v. The People of the State of Illinois, a consolidated opinion of four lawsuits against a contractor by the Illinois Attorney General and three private homeowners.
Illinois Supreme Court holds that oral contracts not necessarily unenforceable pursuant to Home Repair and Remodeling Act, but why risk it? By Michael P. Tomlinson November 2010 The Illinois Supreme Court recently held in K. Miller Construction Company, Inc. v. Joseph J. McGinnis et al., that the Illinois Home Repair and Remodeling Act does not preclude contractors from trying to enforce oral contracts for home repair or remodeling work for over $1,000.
Is there a new tax imposed on the sale of real estate under the 2010 Health Care Reconciliation Act? Not directly. By Emily R. Vivian December 2010 The Health Care and Education Reconciliation Act of 2010 does not directly impose a new tax on real estate sales. However, for certain individuals, it imposes a new 3.8 percent Medicare tax on “net investment income,” which might result from a real estate sale.
Legislative report By James K. Weston, Sr. April 2010 Recent legislation affecting real estate law.
A modest proposal By Myles Jacobs February 2010 This article concerns one of those things we do because we have always done so. As we all know, lawyers do many things because “that’s the way we have always done it.”
The need to review Illinois residential installment contracts By Jack H. Tibbetts May 2010 When using an installment contract, the parties should always consider the impact of the Illinois mortgage foreclosure law as well as the title insurance needs at the time of closing.
Quarries, lakes and riparian rights: The 2nd District applies the “artificial-becomes-natural” rule By Richard F. Bales May 2010 The Second District has just decided the case of Bohne v. LaSalle National Bank, which questioned whether the adjoining landowners of a water-filled, former limestone quarry had the right to the reasonable use of its surface waters.
A residential real estate attorney’s scope of representation By Myles Jacobs April 2010 An attorney's liability and obligation to the client extends beyond simple document preparations.
Special Committee on Construction Law: Year in review By Samuel H. Levine September 2010 An introduction to this issue from the Chair of the ISBA's Special Committee on Construction Law, Samuel Levine.