Real Estate Law

Wells Fargo Bank, N.A. v. Coghlan

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2021 IL App (3d) 190701
Decision Date: 
Monday, June 7, 2021
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
SCHMIDT

Plaintiff bank filed foreclosure action, but court granted summary judgment, finding that Plaintiff lacked standing. As a defense to Plaintiff's 2nd attempt to foreclose Defendants filed motion to dismiss on grounds that the previous decision bars the 2nd action. The current action does not arise from the same operative facts as the 1st action. Defendants' defaults subsequent to the 1st action bar the application of res judicata. Defendants failed to present evidence to create a genuine issue of material fact as to their claim that the assignment of mortgage and note was fraudulent. (DAUGHERITY and HOLDRIDGE, concurring.)

Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

Senate Bill 730

Topic: 
Electronic Wills and Remote Witnesses Act

(Crowe, D-Maryville; Didech, D-Buffalo Grove) provides for (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-visual communication. Passed both chambers. Effective on the Governor’s signature.  

Senate Bill 2664

Topic: 
Electronic notaries

(Holmes, D-Aurora; Kifowit, D-Aurora) amends the Illinois Notary Public Act providing requirements authorizing electronic and remote notarization and electronic notaries public. Passed both chambers. Effective on the later of: (1) January 1, 2022; or (2) the date on which the Secretary of State files with its Index Department a notice of its adoption of rules necessary to implement this Act.

Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

Senate Bill 642

Topic: 
Judicial Districts Act of 2021

(Harmon, D-Oak Park; Tarver, D-Chicago creates the Judicial Districts Act of 2021 to create new appellate and supreme court districts outside of Cook County. The judicial circuits are left intact but may be moved to a new judicial district. The appellate courthouses remain where they currently sit to continue to act as the appellate courthouse for that district.  

In re Estate of Aryeh

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
2021 IL App (1st) 192418
Decision Date: 
Friday, March 12, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ODEN JOHNSON

Judgment creditor of deceased testator filed petition for letters of administration to collect against decedent's estate. Creditor filed petition for declaration of interest in real estate, claiming interest in property conveyed to decedent and his spouse as tenants by the entirety was improperly titled, under the Joint Tenancy Act, because it was not their homestead. The unsuccessful creation of a tenancy by the entirety in a deed to a married couple becomes a joint tenancy, not a tenancy in common. Court's denial of judgment creditor's request for a declaratory judgment was not an abuse of discretion. (MIKVA and HARRIS, concurring.)

A Promise of Clear Title

By Philip J. Vacco
March
2021
Article
, Page 34
Transferring marketable title using special warranty deeds for residential real estate transactions.