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

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Newsletter Articles From 2011

2010 case law update By Steven B. Bashaw and Joseph R. Fortunato, Jr. February 2011 A summary of recent real property cases.
2010 Legislation update: Real estate and estate planning and administration By Gary R. Gehlbach February 2011 New legislation affecting real property practitioners.
The 2011 ALTA/ACSM Land Title Survey Standards By Richard F. Bales December 2011 The 2011 ALTA/ACSM land title survey standards are the culmination of two years of work by a committee made up of land surveyors, attorneys who represent lenders, and title company attorneys.
Case law update: Real estate contracts By Steven B. Bashaw and Joseph R. Fortunato, Jr. January 2011 Recent cases of interest to real estate practitioners.
The Civil Union Act and the execution and preparation of real estate documents By Richard F. Bales September 2011 The Civil Union Act brings many new challenges to real estate practitioners. For example: How should parties to a civil union be described in deeds and other documents? How should the issue of homestead be addressed in these documents? Can parties to a civil union own their home as tenants by the entirety, and if so, how should they be described in the deed?
Condominium Assessments and Mortgage Foreclosure: A Study of 765 ILCS 605/9(g) By Richard F. Bales July 2011 A discussion and analysis of the ambiguous wording of the Condominium Property Act.
Country roads: Who owns them? By Robert F. Russell July 2011 After searching the records at the courthouse and at the county superintendent’s office, the sellers’ attorney should be able to determine whether the road or roads in question were established by statute or by a dedication that conforms with the Illinois Plat Act.
Death of the mechanic’s lien? By Richard C. Jones, Jr. May 2011 As a result of LaSalle Bank National Association v. Cypress Creek I, LP, the mechanic’s lien no longer provides protection to contractors.
Editor’s Note: Attorneys must carefully consider their deeds By Adam B. Whiteman January 2011 A quitclaim deed is a seemingly innocuous form to the layman, and the attorney may be pressured just to ‘throw one together.’ Yet, if not drafted correctly, the consequences can be dire.
Five reasons to collect a retainer up front in lieu of getting paid at the closing By Colleen L. Sahlas April 2011 Avoid risks and take the simple step of collecting a retainer up front.
A means to avoid probate when real estate is involved? By Emily R. Vivian April 2011 An explanation of the Transfer on Death Instrument (TODI) and the ISBA's proposed Illinois Residential Real Property Transfer on Death Instrument Act.
Mortgage foreclosures: The need to exhibit the original note By Jeffrey G. Liss August 2011 In a foreclosure, must a mortgagee exhibit the original of the note securing the mortgage to the court? The author says yes.
Navigating mechanics liens through hostile “ground lease” territory By Phillip R. Van Ness October 2011 Most real estate practitioners are well acquainted with the common “Ground Lease” and the even more common Mechanics’ Lien. But reconciling these stalwart fixtures of real property law can pose practical problems which are magnified in the current real estate market.
Protecting clients from danger in a 1031 Safe Harbor By Jack H. Tibbetts June 2011 The IRS regulation 2010-14 is a welcome safe harbor for solving some of the confusion and taxation issues when a Qualified Intermediary in a 1031 exchange files for bankruptcy protection or is subject to a receivership proceeding.
Public insurance adjuster contracts and new licensing requirements By Nathan B. Hinch April 2011 Illinois’ licensing requirements for public insurance adjusters changed effective January 1, 2011, pursuant to the Illinois Public Adjusters Law.
Real estate ethics corner By Michael J. Rooney December 2011 In re Shaveda Monique Scott involved a five-count complaint against an attorney for failing to disclose her financial interest stemming from her role as a registered title insurance agent when representing clients in six transactions and for violating the rules regarding conflicts of interest by improperly representing both buyers and seller in four of those matters.
The role of the Special Representative in foreclosure following ABN AMRO By Donald P. Shriver January 2011 As a result of ABN AMRO, if the foreclosure involves the estate of a deceased mortgagor, a Special Representative must be appointed for “purposes of defending the action” where no letters of office have been filed for the deceased’s estate.
Tax increment financing: A public financing tool for private redevelopment By Nancy Hyzer May 2011 The first in a series of articles exploring the creation and evolution of tax increment financing utilized by municipalities and developers over the past 34 years throughout the State of Illinois.
Viewing an encroachment problem through the dual lens of the real estate contract and the 2006 ALTA owner’s title insurance policy By Richard F. Bales June 2011 The title company failed to show a six-inch encroachment of a neighboring single family residence onto the property in question when it issued its owner’s policy in 2008. Three years later, it is now being asked to insure the property again. How should the title company address this encroachment problem?