Real Property

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

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2026 Articles

2025 Joint Midyear Meeting Photos February 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.
Case Summary: Chicago Title Land Tr. Co. v. Sara Watkin, 2025 IL App (1st) 241354 By Philip J. Vacco March 2026 An Illinois appellate court ruled that even if the statute of limitations prevents enforcement of a promissory note or mortgage foreclosure, the mortgage lien itself does not automatically disappear and can remain a cloud on the property’s title. Under Illinois law, the lien continues until 20 years after the debt’s maturity unless the mortgagee fails to take required actions to extend it under Section 13-116. As a result, old mortgage liens may still affect property titles even when the underlying debt can no longer be legally enforced.
Landlord Not Entitled To Additional Insurance Proceeds for Property Damage or Lost Rental Income Resulting From Break-in and Vandalism at Three-Unit Residential Building By Genevieve M. Daniels February 2026 A summary of Bunjo v. State Farm Fire & Casualty Co., a First District case that discussed whether an owner of a three-story, three-unit residential property was covered under a homeowners insurance policy that covered losses as a result of vandalism and damages due to loss of use. Based on the facts of the case, the First District found State Farm was entitled to judgment as a matter of law and the homeowners insurance policy did not cover the alleged loss. 
Navigating the Landscape of Partition Actions By Cameron T. Lythberg March 2026 Partition actions are replete with emotions, difficult equity concerns, and civil practice issues. While seemingly simple at first blush, they can quickly become one of the most complex areas of civil practice. 
New FINCEN Reporting Starts March 1, 2026! March 2026 Will you have to file the Real Estate Report? Be sure to familiarize yourself with the reporting requirements. 
The New Receivership Act: Claims Filing, Automatic Stays, and Receivership Sales of Real Estate By Paul Peterson January 2026 The new Illinois Receivership Act brings a host of changes to receiverships in Illinois under certain circumstances. One of the purposes of the Act is to facilitate sales that can bring in more proceeds than would otherwise be obtained through a mortgage foreclosure, creating the necessity for all real estate practitioners to consider. 
NOTE January 2026 Quick summaries of new laws for 2026 that may impact the practice of real estate law. 
Oil and Gas Law Ownership Rights and Surface Issues By David M. Foreman February 2026 Historically, an owner of real estate, in fee simple absolute, was thought to own a pie shaped cubit, extending from the center of the Earth, all the way up to the heavens. This traditional rule of ownership is a gross over simplification which, as we shall see, does not truly apply in the case of oil and gas.
A Reminder to Our Section Members March 2026 The Real Estate Law Section is intended to enhance the abilities of real estate legal practitioners, disseminate information on real estate law development, educate the the public on rights and procedures associated with property ownership, and more! 
REMINDER! February 2026 The CLE deadline for last names A-M is fast approaching--utilize your free CLE credits included in your ISBA membership! 
Urgent Notice About the New “Summary of Rights for Safer Homes Act” Requirements By Nicky Sonntag January 2026 A look at important changes for Illinois landlords for all new and renewals of residential leases and a description of the Safe Homes Act.