2022 Articles

Impossible, Impractical, Frustrating, or Simply Unfortunate: Illinois Commercial Leases in the COVID Age By R. Kymn Harp April 2022 In March 2022, the appellate court issued its first opinion addressing efforts by a commercial tenant to escape liability under its lease by reason of the COVID-19 pandemic.

In Memoriam: Amber Bishop September 2022 It is with deep sadness that we inform you of the death of our colleague and friend, Amber Bishop.

Let’s Review, Shall We? By Michael J. Rooney May 2022 A look at the lawyers whose participation in representing clients in real estate transactions is limited to drafting the deed and preparing the relevant real estate tax forms.

New Fannie Mae Condominium Underwriting Addendum: Speculations on Issues for Owners, Buyers, Lenders, Associations, and Developers By Paul Peterson February 2022 The new Fannie Mae loan underwriting requirements for condominium and co-op units are designed to foster homeowner sustainability.

New Relationships for Title Agents By Laura Lundsgaard December 2022 In recent years, a new party has been introduced to closings: the third-party title agent.

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No Trust, No Authority, No Transaction? No Problem? By Jeffrey A. Mollet May 2022 A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.

Nonnavigable Rivers and Streams in Illinois: Illinois Supreme Court Punts By Michael J. Rooney August 2022 The Illinois Supreme Court recently issued its opinion in the case of Holm v. Kodat, which involved issues concerning the use of nonnavigable rivers and streams in Illinois.

Notary Public Law Status By Joseph Rogul & Tiffany Thompson November 2022 An overview of the status of the new notary public law.

Notices, Pointers, Reminders, and Other Tidbits of Interest By Michael J. Maslanka November 2022 Reminders of interest to real estate practitioners.

Opening a Pandora’s Box for Illinois Land Trust Practice (Corcoran v. Rotheimer) By Donald Hyun Kiolbassa July 2022 The decision made by the appellate court in Corcoran v. Rotheimer may present unforeseen problems for Illinois real estate attorneys.

An Order Staying Enforcement of a Foreclosure Judgment and the Attendant Right to Possession Is Not Reviewable on Appeal By James Noonan May 2022 In Old Second National Bank, N.A. v. Karolewicz, the court considered whether appellate jurisdiction exists to appeal from a trial court order staying the enforcement of a judgment under Supreme Court Rule 305.

An Overriding Royalty Interest Is an Interest in Real Property By John C. Robison, Jr. January 2022 An overriding royalty interest in an Illinois oil and gas lease is an interest in real property.

Practitioner Reminder: New American Arbitration Association’s Amendments to Rules and Procedures By Nicky Sonntag December 2022 A reminder of new and significant amendments to the rules and mediation procedures for the American Arbitration Association.

‘The Previous Play Is Under Further Review’ By Michael J. Rooney January 2022 An overview of the Illinois Supreme Court Rules of Professional Conduct that govern conflicts of interest.

Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part I By Richard F. Bales March 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.

Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part II By Richard F. Bales April 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.

Quick Overview of the City of Chicago’s New Cooling Ordinance By Nicky Sonntag July 2022 In response to the tragic heat-related deaths of three residents of a senior apartment building in Rogers Park on May 14, 2022, the Chicago City Council enacted on June 22, 2022, new cooling and dehumidification requirements for some existing residential occupancies and certain new construction.

Real Estate Litigation: Traps for the Unwary By Richard Rappold March 2022 Two recent Illinois Supreme Court cases highlight a trap for the unwary regarding service of process in Cook County.

A Refresher on the Safe Homes Act Regarding Domestic Violence By Nicky Sonntag October 2022 The Safe Homes Act was enacted to help address domestic violence, sexual abuse, dating violence, sexual assault, and stalking and includes provisions that require landlords to change locks on the premises in the case of domestic violence if the tenant provides the required notice and documentation.

Remembering Steve Bashaw By William J. Anaya September 2022 Steve Bashaw was a gentleman, a teacher, a mentor to many, an enthusiastic lawyer, a happy husband, a good father, and a friend.

Reminders October 2022 Important reminders for real estate practitioners.

Reminders September 2022 Important reminders for real estate practitioners.

Sellers Can Sue Over Excessive Fees for Section 22.1 Condo Disclosures By Joseph R. Fortunato January 2022 The case of Channon v. Westward Management, Inc. involved a suit by a condominium unit owner against a property manager for excessive and unreasonable fees to provide the owner with documents and other information that unit owners are required by the Illinois Condominium Property Act to provide to prospective purchasers.

Selling Residential Real Property? Attention! New Law Ahead! 765 ILCS 77/1 et seq. The Illinois Residential Real Property Disclosure Act By Colleen L. Sahlas June 2022 Real estate practitioners handling residential real estate transactions may already be aware that the Residential Real Property Disclosure Act was amended and the new law took effect on May 13, 2022. The new disclosure form must be used immediately.

Settlement Agreement Signed in the IRELA v. IDFPR Case By Michael J. Rooney June 2022 IRELA performed an important service when it stepped up to challenge IDFPR after it exceeded its statutory authority to regulate the title insurance industry and interfered in the client-attorney relationship that is governed by the Illinois Supreme Court.

Special Warranty Deeds By Craig R. Hedin October 2022 In many instances mineral deeds are executed with limiting language with respect to the warranty of the interest conveyed. These deeds are commonly referred to as special warranty deeds.

Tax Deed Epilogue By John C. Robison, Jr. April 2022 A purchaser of a royalty interest at a tax sale acquires the lessor’s royalty, which entitles the purchaser to receive payments for produced oil from the lessee until the lessor’s royalty terminates upon the lapse of the oil and gas lease in which the lessor’s royalty originated.

A Three-Pointer By Michael J. Maslanka April 2022 Three points of interest for real estate practitioners.

Using ‘Non-Lienability’ as a First Tranche Attack to Defeat a Mechanic’s Lien Case By Adam Whiteman February 2022 The Illinois Mechanic’s Lien Act grants to a contractor the right to place a lien on property in order to secure that contractor’s right to obtain fair compensation for the value of services and materials that have been provided. There are times, however, when this process is abused or misapplied.

The Value of the Transactional Attorney By Cameron Lythberg April 2022 All too often, it seems the general public does not understand the value of the transactional attorney.