Real Property

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

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2019 Articles

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.
Real Estate Transactions Must Be Updated Regularly November 2019 A reminder that any real estate transaction or public records search must be updated regularly.
Recent litigation of interest April 2019 Recent litigation of interest to real estate practitioners.
Rule 105 Bars Amending the Complaint on Its Face to Seek New or Additional Relief By Adrian Zeno December 2019 A summary of Lamarca v. Che Ce Ce Corp., in which a landlord sought to expedite resolution on the eviction case, but without first serving notice of an amendment to the complaint on the defendant.
Seventh circuit gets it right—Meaningless data or actionable information? By Michael Rooney July 2019 In United States v. Z Investment Properties, LLC, the court addressed the question of whether a recorded federal tax lien constituted constructive notice due to an incorrect spelling of the first name of the taxpayer against whom the lien was filed.
1 comment (Most recent July 15, 2019)
Seventh Circuit on a Roll With Illinois Real Estate Cases By Michael J. Rooney October 2019 A closer look at tenancy by the entirety caselaw, judgment liens, and bankruptcy exemptions.
Sienna Court: Minton overruled and no implied warranty of habitability against subcontractors without contractual relationship By Steven D. Mroczkowski July 2019 In December 2018, the Supreme Court of Illinois decided the purchaser of a newly-constructed home may not assert a claim for breach of an implied warranty of habitability against a subcontractor that participated in the construction but with which the purchaser had no contractual relationship.
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.
Unincorporated associations must follow statutory requirements: A review of 1150 MP Road LLC v. Teamsters Local Union No. 700 By Emily R. Vivian June 2019 In 1550 MP Road LLC v. Teamsters Local Union No. 700, the Illinois Supreme Court held that a lease and purchase agreement was void ab initio as the statutory requirements for an unincorporated association to enter into a real estate contract were not fulfilled.
Unit Owner Litigation By Gabriel Alvarado December 2019 Recent caselaw may help in reducing the number of meritless claims that condominium and homeowners' associations must defend against.
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.
Where Borrower Does Not Reside In Property as Principal Residence, It Does Not Qualify As Residential Real Estate Under Illinois Foreclosure Law By James V. Noonan October 2019 A summary of First Bank of Highland Park v. Sklarov.
Who owns the decedent’s real estate? By Sherwin D. Abrams June 2019 A look at an often-misunderstood area of real estate and probate law.
Wholesaling Real Estate: How Recent Changes to the Real Estate License Act Impact the Business Model By Adam J. Wilde November 2019 On August 9, 2019, Public Act 101-0357 became law, reforming numerous parts of the Real Estate License Act and the practice of wholesaling/assigning.