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

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Newsletter Articles From 2018

100th General Assembly grants property tax relief by increasing some exemptions By John K. Norris February 2018 With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Appellate court rules condominium association need not have filed a lawsuit to collect unpaid assessments from a foreclosure By Barbara Starke Tishuk October 2018 In Sylva, LLC v. Baldwin Court Condominium Association, Inc., the appellate court ruled that a condominium association did not have to file a lawsuit against prior condo owner in order to collect unpaid assessments from a foreclosure buyer under section 9(4)(g) of the Condominium Association Act.
Appraisals, valuations, and…“Zestimates” By Frank Pellegrini July 2018 In 2017, homeowners sued Zillow alleging violation of the Illinois Real Estate Appraiser Licensing Act, tortious intrusion upon seclusion, deceptive trade practices, and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act for its "Zestimate" service.
A better strategy: Reduce the contract purchase price in lieu of credits to buyers By Colleen L. Sahlas August 2018 By lowering the contract purchase price, you will simplify the transaction, save yourself additional work, and advocate for the best interests of your clients. 
Buyer beware: The 7th Circuit clarifies a buyer’s obligations to pay real property transfer taxes when a seller is federally exempt By Adam J. Wilde February 2018 In Federal National Mortgage Association, v. City of Chicago, the 7th Circuit held that the Government Sponsored Enterprises' exempt status does not extend to third-party purchasers.
Constructing a bridge between the Home Repair and Remodeling Act and the Illinois Mechanics Lien Act By Adam B. Whiteman October 2018 The Home Repair and Remodeling Act is a relatively underused consumer protection-oriented statute that seeks to inform homeowners of their rights and responsibilities when engaging a contractor to work on their homes.
The dangers of bifurcated title policies in residential real estate transactions By Joseph W. Rogul April 2018 For those who have not had the pleasure of handling a bifurcated deal, the term refers to a transaction in which two different title insurance companies issue the owner’s and lender’s title insurance commitments and policies.
The effect of an order declaring heirship By Paul Peterson November 2018 The Cook County Recorder of Deeds indicated on November 5 that it is not going to record heirship deeds or affidavits of heirship unless they are accompanied by an order declaring heirship. This article focuses on the effects of this procedure.
Friends and colleagues remember Myles December 2018 Thoughts from friends and colleagues of Myles Jacobs.
Get a survey By Jeffrey A. Mollet June 2018 A survey is nearly a necessity when agricultural land is to be purchased, and today many lenders will require one before any loan will be funded or approved.
Guidance for condominium associations faced with Fair Housing Act claims found in seventh circuit opinion By Kim M. Casey August 2018 While condominium law is generally developed in the state courts, the seventh circuit recently address condominium association issues in the recent matter of Geraci v. Union Square Condominium Association.
JUNE 30 IS CLOSE! ISBA CLE! YES, JUNE 30 ALWAYS SEEMS TO ROLL AROUND QUICKLY FOR OUR MCLE/PMCLE REQUIREMENTS TO BE MET March 2018 Take advantage of your ISBA member benefits to earn CLE credit and to view practice-useful programs of the Real Estate Law Section Council.
JUNE 30 IS CLOSE! ISBA CLE! YES, JUNE 30 ALWAYS SEEMS TO ROLL AROUND QUICKLY FOR OUR MCLE/PMCLE REQUIREMENTS TO BE MET February 2018 Take advantage of your ISBA member benefits to earn CLE credit and to view practice-useful programs of the Real Estate Law Section Council.
A letter from Myles Jacobs By Myles L. Jacobs December 2018 A letter written by Myles Jacobs in the fall of 2018 reflecting on the principles he lived by.
Liens, tenancies, and death By Richard F. Bales September 2018 The interaction between liens, tenancy, and death has different effects on real estate, depending on the type of lien, tenancy, and ownership.
The “new” 2016 ALTA title insurance commitment By Terry S. Prillaman, Jr. March 2018 A look at the major changes in the 2016 ALTA commitment.
Obituary of Myles L. Jacobs December 2018 Myles L. Jacobs passed away on Thursday, October 11, 2018 at the age of 86.
An overview of housing cooperatives in Illinois By Karen G. Courtney April 2018 To effectively represent clients that buy and sell cooperative apartments, it is crucial for real estate attorneys to be familiar with housing cooperatives and how they work.
Post-closing issue? Don’t count on the Merger Doctrine to save you By Daniel A. Huntley November 2018 Many clients do not understand, or simply are not aware of, the potential for transaction liabilities to continue after the successful closing of the sale of real estate.
Post-death conservation easements—Another way to save the farm? By Andrew White March 2018 One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
The Presumptively Void Transfers to Caregivers Act in Illinois: Mercy with justice By Kenneth F. Berg May 2018 The Presumptively Void Transfers to Caregivers Act amended Article IV of the Illinois Probate Act, making presumptively void certain instruments executed after January 1, 2015, that transfer property to caregivers in excess of $20,000. This article defends the act as passed by the legislature.
Presumptively Void Transfers to caregivers – A bit of mercy please? By Paul Peterson January 2018 Compared to the existing financial elder abuse sections in the Probate Act, the Transfer Article has the assumption of guilty until proven innocent, more stringent burdens of proof, stricter punishments and no possibility of judicial leniency. This article asks that the burden of proof be amended, that judges be allowed to void just the transfer to the caregiver where appropriate and be given the same discretion to mitigate the loss of the entire transfer as is given in the other sections dealing with financial elder abuse in the Probate Act.
Real Property Disclosure Reports: Avoiding unnecessary legal risks By Dan Huntley January 2018 Attorneys representing either side of a residential property transaction should be mindful of the liabilities imposed by needlessly completing a Real Property Disclosure Report and should work to minimize risks to all involved.
Recent developments By Michael J. Maslanka April 2018 Three developments that real estate law practitioners should find interesting.
Rents-and-profit doctrine revisited By Kim M. Casey May 2018 The Second District Appellate Court upheld the priority of a mortgage lender’s interest in collected rents pursuant to their recorded assignments of rents over a lien based upon a citation to discover assets filed by a competing creditor in BMO Harris v. Contarino.
Report on 2017-2018 real estate-related Illinois legislation By Bruno Tabis May 2018 In 2017, the Real Estate Law Section Council considered a total of 97 bills.
So you want to be an urban farmer? By George D. Maurides September 2018 Both houses of the state legislature recently passed HB3418 amending the Civil Administrative Code of Illinois to allow the Department of Agriculture to provide for the creation of municipal urban agricultural areas.
Standing to collect rent arrearages By Gary R. Gehlbach July 2018 An overview on whether a subsequent owner of real property has standing to bring an action against a tenant of the property for rent that accrued prior to the transfer of ownership.
Three quick-hitting points regarding real property issues By Michael J. Maslanka October 2018 Three quick but important points to know regarding real property.
What color is your contract? By William J. Anaya June 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.