Real Property

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

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2015 Articles

7th Circuit speaks on ethics By Michael J. Maslanka August 2015 Takeaways from Peterson v. Katten Muchin Rosenman LLP of interest to transactions attorneys.
Be aware—An Illinois builder can be liable to subsequent purchasers for a breach of the implied warranty of habitability regardless of a valid waiver in the construction contract with the original purchaser By Richard Guerard August 2015 What can a builder do in its agreements to address this issue of liability to subsequent purchasers of a home for the implied warranty of habitability for latent defects?
Big Brother is watching… your house! By Michael J. Maslanka November 2015 Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
Case review: Castillo v. Department of Human Rights, et al. By Michael J. Maslanka July 2015 The case of Castillo v. Department of Human Rights, et al., deals with illegal discrimination in the rental of an apartment under the Illinois Human Rights Act.
The Illinois Supreme Court’s decision in Spanish Court Two Condominium Association v. Carlson— What is the next step? By Ellis B. Levine April 2015 The author of this article, the sponsor of many of the major provisions of the Illinois Condominium Property Act during his 16 years as a member of the Illinois General Assembly, agrees with the majority decision—that condominium law was intended to be statutory in nature, and therefore, that the obligation to pay assessments was absolute, but also agrees with Justice Freeman and the other dissenting justices as to the need for the General Assembly to provide additional mechanisms for condominium board accountability, some of which he spells out here.
In the Illinois mortgagee world, two strikes and you’re out! By Michael J. Maslanka October 2015 A look at the recent case of United Central Bank v. KMWC 845, LLC.
The “M” word—Mold is manageable By William J. Anaya May 2015 An overview of how to handle a mold discovery.
A message from the Editor By Adam B. Whiteman May 2015 A personal invitation from Editor Adam Whiteman to join your fellow Real Estate Section members for the upcoming program, "Residential Real Estate Transactions from Listing through Closing" on May 7th in Lombard.
A message from the Editor By Adam B. Whiteman April 2015 A personal invitation from Editor Adam Whiteman to join your fellow Real Estate Section members for the upcoming program, "Residential Real Estate Transactions from Listing through Closing" on May 7th in Lombard.
Mortgagors and mortgagees in the pleading game By Michael J. Maslanka December 2015 Must a loan modification agreement must be attached to and pled in a foreclosure complaint?
The need for pro bono & how you can help By Michael G. Bergmann & Karen Munoz November 2015 In 2003, low-income Illinoisans attempted to resolve approximately 875,000 legal problems on their own. Given the challenging economic times and the significant cuts in federal and state funding to legal aid since 2003, there is little doubt that these problems have been exacerbated rather than reduced.
A no-no by statute and caselaw By Michael J. Maslanka September 2015 In the case of Curielli v. Quinn, et al., decided by the First District Appellate Court on August 4, 2015, the Court held that an attorney cannot act as an attorney and a real estate broker at the same time for the same client, in the same transaction.
North Shore Bank and the ever-changing work completion dates By Paul Peterson June 2015 In this case the First District Appellate Court was confronted with two mechanics lien claims where neither claimant could prove they did work on the work completion date sworn to in their respective mechanics lien claims and reaffirmed under oath in various court filings.
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Purchasers of properties that have gone through judicial sale should be cautious By Adam M. Ansari December 2015 The Illinois Appellate Court in Concord Air v. Malarz has increased the due diligence necessary for properties that have gone through a foreclosure sale.
The resulting loss exception to the Defective Workmanship Exclusion: Are you covered? By Adam B. Whiteman July 2015 The First District recently issued an opinion that may help insureds determine whether they will be able to get insurance coverage for damage resulting from a cause which itself is excluded from coverage.
Second District Appellate Court delivers relief for condo insurers, grief for condo boards By Sharon L. Eiseman March 2015 The opinion in Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc. serves as a cautionary tale for condominium association boards.
Sovereign immunity and negligent inspectors By Adam B. Whiteman October 2015 A victim of defective construction recently asked the author to sue a village because the village inspector approved the defective work. Here is what the author found in researching the issue.
Special Warranty Deeds—For the rest of us By Joseph R. Fortunato, Jr. February 2015 The author has approximately 20 years of experience drafting Special Warranty Deeds at closing, and provides a sample form.
1 comment (Most recent January 21, 2015)
Understanding the Illinois Commercial Real Estate Broker Lien Act By Julia Jensen Smolka September 2015 A look at the basics of the Act works.
What does “cf.” mean again? By Michael J. Maslanka November 2015 The 2nd District Appellate Court answered this question in its opinion filed on March 21, 2012 in the case of In Re Marriage of Romano.
What’s old is now new: Application of the implied warranty of habitability to purchasers of three-year-old property—Editor’s comment By Adam B. Whiteman August 2015 Newsletter editor Adam Whiteman discusses the implications and questions brought by the recent case of Fattah v. Bim.
1 comment (Most recent July 28, 2015)
Who do you think you’re dealing with? Implied contracts and the Illinois Mechanic’s Lien Act By Adam B. Whiteman January 2015 Recent cases demonstrate the importance of not only describing your client’s entity on your lien claim, but also accurately identifying the entity with whom your client contracted. But beware: This is not always as simple as it seems, especially when the entity with whom you contracted is no longer in business.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch November 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.