2021 Articles

Are Rumors of the Imminent Death of the Section 1031 Exchange Fact or Myth? By Donald Hyun Kiolbassa, JD,CPA September 2021 The 1031 exchange is a tax benefit that has been around for decades. While many administrations have attempted to topple this tax provision, they have failed.

Beware: Failure of a Prevailing Defendant in an Eminent Domain Proceeding to Timely File a Fee Petition Will Result in Its Dismissal and Lost Attorneys’ Fees By Sharon L. Eiseman & Scott D. Verhey December 2021 A summary and analysis of he Village of Bloomingdale v. Lake/Ridge, LLC.

Case Summary (Re: Buyer’s Attorney’s Duties) By Joseph R. Fortunato February 2021 Crawford v. Hayen, et al. involves a legal malpractice claim against a law firm brought by a buyer of a condominium unit.

Case Summary (Tenant? Licensee? Trespasser? Possession Rights Reviewed) By Joseph R. Fortunato January 2021 A summary and analysis of Dix v. Edelman Financial Services, et al.

Case Summary: 21 Kristin Condominium Ass’n v. Pioneer By Joseph R. Fortunato January 2021 The case of 21 Kristin Condominium Association v. Pioneer provides an interesting discussion of common law duties of those who, in the course of business, provide false information for the guidance of prospective purchasers of condominium units.

Case Summary: Fair Price at Sheriff’s Sale By Robert Floss September 2021 In T2 Expressway, LLC v. Tollway, the appellate court was tasked with determining what constitutes a fair price at a sheriff’s sale.

Case Summary: Mary Doherty v. Country Faire Conversion January 2021 A summary and analysis of Mary Doherty v. Country Faire Conversion, LLC, which involved an LLC membership interest that was foreclosed on and the interest holder's rights afterward.

Casenote: Rivera v. Bank of New York Mellon & Bayview Loan Servicing, LLC By Joseph W. Rogul July 2021 Rivera v. Bank of New York Mellon & Bayview Loan Servicing, LLC illustrates the interplay between the Illinois Constitution’s Home Rule clause, Illinois statutory law, and state preemption of an ordinance of a Home Rule unit of local government.

Cook County Landlord Tenant Law: A Compass to Guide You By Laura L. Lundsgaard June 2021 As of June 1, a new ordinance redefines landlord-tenant law and residential purchase and sale transactions in Cook County.

Crawford v. Hayen: The Infamous Count VI By Michael J. Rooney September 2021 The first district appellate court published an opinion last November, Crawford v. Hayen, where the narrow and precise holding may be correct, but the opinion itself is highly suspect.

Did You Know? April 2021 Utah is the first state to allow law firms with non-lawyer owners and non-traditional legal service providers to operate.

Don’t Lien on Me: Reprioritization of Mechanics Liens By Samuel H. Levine June 2021 Mechanics lien statutes are a delicate balance among the rights of owners, contractors, secondary subcontractors, and lenders.

Drafting for Easement Scope Condition Subsequent Violations By Alan E. Stumpf December 2021 Easement drafting remedies are brought to the forefront in A Flock of Seagirls LLC v. Walton County Florida, in which the court terminates expansive use of an easement by the dominant tenement.

Ethics and the Illinois Electronic Wills and Remote Witnesses Act By Daniel Ebner November 2021 A look at the ethics concerns related to the new Electronic Wills and Remote Witnesses Act signed into law on July 26, 2021.

A Failed Tenancy by the Entirety Becomes What? By Michael J. Rooney November 2021 In a case of first impression in Illinois, an appellate court considered how a married couple hold title to real property when a conveyance to them as tenants by the entirety fails to create that estate and one of the grantees then dies.

The Forgotten Options in Defending Foreclosures By Jeffrey G. Liss October 2021 A look at section 15-506 of the Illinois Mortgage Foreclosure Law.

From the Chair By Michael J. Maslanka October 2021 A note from the chair.

From the Chair By Philip J. Vacco June 2021 A note from the outgoing chair, Philip J. Vacco.

Illinois Senior Citizens Homestead Exemption Application Procedures—Updated By Leonard F. Amari January 2021 The Illinois General Assembly amended the Property Tax Code to revise application procedures for the senior citizens homestead exemption.

Just Because Your Name Is on the Lease Does Not Always Mean You Have Possessory Rights By Michael J. Maslanka January 2021 A brief summary of People of the State of Illinois v. Lawrence.

Liens Against Decedent’s Real Estate By Leonard Berg December 2021 A look at whether a lien filed against a decedent's real estates provides the creditor any security.

Lost Trust Agreement By John Maville February 2021 A look at how to handle lost trust agreements.

Luxury Condominium Mechanics Lien Issues in Illinois By Paul Peterson March 2021 It may be time for title insurers to change how the mechanics lien risk in insuring luxury condominium unit sales is underwritten.

The Meaning of the Word ‘Contiguous’ By Michael J. Rooney October 2021 The Tax Increment Allocation Redevelopment Act and the annexation provisions of the Illinois Municipal Code provide two different meanings of the word "contiguous."

New Fannie Mae Condominium Requirements By Paul Peterson November 2021 Effective January 1, 2022 for all loans secured by units in condominiums and co-op projects with five or more attached units, regardless of the type of project review or review waiver, Fannie Mae has made new requirements of appraisers and lenders.

New Laws of Interest By Michael J. Maslanka October 2021 Summaries of recently enacted laws of interest to real estate practitioners.

Newsletter Articles Needed March 2021 A call for articles for the Real Property newsletter.

Note January 2021 A note regarding the interest rate on security deposits for rental properties in Chicago.

Note From the Editors By William J. Anaya, Michael J. Maslanka, & Michael J. Rooney September 2021 An introduction to the issue from the editors.

Notice March 2021 A notice regarding the moratorium on homeowner foreclosures and mortgage forbearance enrollment opportunities.