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

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Newsletter Articles From 2014

1010 Lake Shore Association v. Deutsche Bank National Trust Company: The re-animation of an extinguished lien By Philip J. Vacco September 2014 A call for the Illinois Legislature to review the language used in section 9(g)(3) of the Illinois Condominium Act to determine whether the First District Appellate Court's recent interpretation is achieving the intended consequences.
6 strategies to better represent sellers of real estate By Colleen L. Sahlas June 2014 Implement these six strategies when representing sellers of residential real estate to avoid a myriad of problems down the road.
Caveat lessor By Joel L. Chupack March 2014 A look at some issues and problems raised by the The State of Illinois' and the City of Chicago's laws affecting the relationship between purchasers of distressed residential real estate and the tenants who occupy them.
A guide to Illinois authority documents By Richard F. Bales May 2014 A reference guide to the so-called “authority documents’—the various documentation that a title company examiner or closer needs to review in order to underwrite the conveyance or mortgage of Illinois land by entities as common as corporations and as unusual as unincorporated associations.
ISBA Real Estate Section co-sponsors CLE on construction contracts September 2014 Register today for this informative program and save money as a member of this section.
ISBA unveils exciting new Member Directory! July 2014 Make sure the other members of the ISBA Real Estate Law Section know what sets you apart and can find you easily by activating your member directory profile today.
Lien Cuisine: Recent tales from the construction site and 2014 developments in construction and mechanics lien law By Samuel H. Levine December 2014 Recent cases of interest to real property practitioners.
Lying in the weed—Receiverships and marijuana grow centers and dispensaries By Samuel H. Levine October 2014 This article explores practical considerations for receivers when dealing with dispensaries.
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff January 2014 Read more about this important program and sign up to become a mentor today!
The nature of title insurance and the “law of unintended consequences” in real estate transactions By Joseph R. Fortunato, Jr. July 2014 A summary of United Community Bank v. Prairie State Bank & Trust.
Past-due condominium assessments and the FDCPA By Nancy Hyzer February 2014 Recently the Northern District Court of Illinois issued a Memorandum Opinion in a class action suit claiming a FDCPA violation against a law firm representing a condominium association on a past-due assessment collection effort.
Resolving unclaimed property in Illinois By Christine Sparks November 2014 Pursuant to the Unclaimed Property Act, most attorneys are required to file an annual report with the Illinois State Treasurer's office advising of any unclaimed property that is being held.
Royalties and existing oil & gas leases with horizontal drilling technology may not be what it seems By William J. Anaya January 2014 With hydraulic fracturing on the horizon in Illinois, lawyers should review existing oil and gas leases to determine if the royalty payment provision in the existing leases describes what is intended in 2014.
Save the Date—Commercial Loans: Documenting for Success and Preparing for Failure December 2014 This program will take place this Thursday (11/20). Sign up by 4 p.m. TODAY for the live program in Chicago, or register for the online course anytime before it begins. 
The Seventh Circuit and Illinois General Assembly agree: Strict compliance with the Illinois Conveyances Act not necessary for enforcing mortgages in Illinois By Kelly M. Greco April 2014 This article begins with an overview of the enforceability of mortgages in Illinois, and then examines the conflicting case law of the lower courts and the Seventh Circuit’s decision in In re Crane. Finally, the author discusses the legislative amendment to the Act in 2013 and how it affects real estate professionals moving forward.
Special warranty deeds By John C. Murray August 2014 A discussion and analysis of special warranty deeds, and a look at the court decisions that have ruled on their effect.
The year in legislation By Samuel H. Levine July 2014 Legislation proposed and sponsored by the Construction Law Section.
Zombie condo liens: What are they, and what do we do about them? By Adam B. Whiteman September 2014 Just when you thought it was safe to buy a property at a foreclosure sale, you learn that a previously dead lien has come back to life, forcing you to reassess your priorities.
“Zombie properties” are on the rise—but here’s how to kill the trend By Dory Rand June 2014 A property is considered a “zombie property” when a mortgage servicer files for foreclosure and then does not complete the process.