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

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Newsletter Articles From 2019

2019: Year of eClosings? By Summer Chance February 2019 A look at the real estate industry's market trends and potential disrupters for 2019.
Completing commercial due diligence: Do not forget governmental requirements and zoning! By David B. Sosin January 2019 A roundup of some of the most commonly overlooked issues in commercial real estate transactions that all practicing lawyers should review.
Considerations for non-married parties purchasing residential real estate together By Erica Minchella March 2019 Unmarried couples pose specific problems for attorneys handling their real estate transactions.
Cook County Recorder of Deeds fee schedule changing May 2019 A new fee schedule takes effect on May 20.
Does the term “sidewalk” encompass a private walkway? By Emily R. Vivian January 2019 A summary of Hussey v. Chase Manor Condominium Ass’n, which addresses whether an informal pathway behind a condominium building is considered a “sidewalk” under the immunity provisions of the Snow and Ice Removal Act.
Drafting a FSBO residential real estate contract: Questionnaire for your clients By Colleen L. Sahlas May 2019 You as the attorney can properly draft the residential real estate sales contract from the get-go, rather than “fixing” it during the attorney approval period.
Farm leasing: More complex than ever? By Jeffrey A. Mollet April 2019 Using a proper written lease to address many of the issues in farm land leases can help avoid potential problems.
Illinois Supreme Court decision in Teamsters Local Union No. 700 has ramifications for condominium associations, municipalities, and other areas of law By Ellis Levin May 2019 The Illinois Supreme Court decision in 1550 MP LLC v. Teamsters Local Union No. 700 has ramifications for a wide variety of other areas of law.
It’s time to legislate the implied remedy for 22.1 disclosure violations By Adam B. Whiteman March 2019 Summaries of two cases that discuss the ramifications of violating section 22.1(a) of the Illinois Condominium Property Act.
Mortgage foreclosure defense: Mortgagors beware By Michael J. Maslanka May 2019 Bank of New York Mellon v. Wojcik, et al. offers some points of guidance to mortgage foreclosure defense attorneys.
Multi-Board Contract 7.0 – Handling cash transactions By Ralph J. Schumann March 2019 The recently-released 7.0 version of the Multi-Board Contract aims to reduce confusion and promote smoother closings.
The ‘Multi-Board Residential Real Estate Contract 7.0’ By Philip J. Vacco February 2019 The new version of the Multi-Board Residential Real Estate Contract includes significant changes that real estate attorneys need to be aware of to expertly guide their clients through the transactional real estate process.
MyDec to be required for all Cook County conveyances February 2019 Effective January 21, 2019, prior to recording, all Cook County property conveyance instruments must be accompanied by an electronically-completed Cook County Real Estate Transfer Tax Declaration.
Quick hitters: Points of current interest By Michael J. Maslanka February 2019 Three brief legal updates for Illinois real estate attorneys.
Ramsey Herndon LLC v. Lisa Whiteside: Illinois Supreme Court offers a primer on leasing mineral rights By Sharon L. Eiseman April 2019 Herndon LLC v. Whiteside offers a brief primer on the nature of the leasehold interests involved in transactions between owners of land containing oil, gas, and minerals and operators retained by the owners to extract those resources from the land.
Recent litigation of interest April 2019 Recent litigation of interest to real estate practitioners.
Terminating farm leases By Gary R. Gehlbach April 2019 As farming operations become more concentrated, leasehold arrangements are changing.
Tick-tock: The 60-day clock for objections to personal jurisdiction in residential foreclosures By Kim Casey February 2019 The court weighed in on the meaning of section 15-1505.6(a) of the Illinois Mortgage Foreclosure Law concerning the timing of objections to personal jurisdiction in foreclosure actions in Wells Fargo v. Roundtree.
V&T Investment Corp. v. West Columbia Place Condominium Ass’n: A decision offering major answers to questions from purchasers of units in mortgage foreclosures By Ellis B. Levin January 2019 Interpretations of subsections 9(g)(3), 9(g)(4), and 9(g)(5) of the Condominium Property Act have been the subject of numerous court decisions, the most recent being the decision by the first district in V&T Investment Corp. v. West Columbia Place Condominium Ass’n.