House Bill 255
Topic:
Rent Control Preemption Act
(Guzzardi, D-Chicago) repeals the Rent Control Preemption Act.
House Bill 29
Topic:
Condos and common interest community associations
(Thapedi, D-Chicago) amends the Common Interest Community Association Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to amendments to the community instruments and accounting practices.
It also amends the Condominium Property Act to limit the concurrent exercise by units of local government of powers and functions exercised by the State with respect to an association’s budgeting practices, sale of property, notice requirements, contracts with board members, voting procedures, property-improvement procedures, accounting practices, collection and sharing of records, amendment to the condominium instruments, and subdivision or combination of units.
Both parts of the bill specifically reference Public Act 100-292. House Bill 29 was just introduced.
In re Application for a Tax Deed
Illinois Appellate Court
Civil Court
Tax Deeds
(Modified upon denial of rehearing 1/7/19.) Court granted equitable redemption in a tax deed sale proceeding to the property's owners. Although a 1990 amendment to section 22-45 of Property Tax Code restricted equitable relief as to vacating a tax deed, in order to preserve and uphold the policy goals of tax deed merchantability and equity to taxpayers, section 22-45, as amended, does not preclude courts' equitable powers as to redemption prior to issuance of a tax deed. Court properly favored redemption and sought to give liberal construction to redemption laws.(CHAPMAN and CATES, concurring.)
Siena at Old Orchard Condominium Ass’n v. Siena at Old Orchard, L.L.C.
Illinois Appellate Court
Civil Court
Condominiums
Amendment to condominium declaration--that removed the requirement that parties submit disputes to mediation and then, if not settled, to arbitration--is not retroactive, but affected only future disputes. Thus, preamended version of the declaration governs cause of action which arose prior to effective date of amendment.(McBRIDE and REYES, concurring.)
Ronkowski v. U.S.
Federal 7th Circuit Court
Civil Court
Quiet Title
The Forest Preserve District of Cook County v. Royalty Properties, LLC
Illinois Appellate Court
Civil Court
Foreclosure
After evidentiary hearing, court entered order appointing a receiver during pendency of a foreclosure action as to 40-acre horse farm. Court properly found Forest Preserve as mortgagee in possession during pendency of foreclosure proceedings.Court's finding that property was clearly agricultural in nature, and that Property was used predominantly for growing and harvesting of hay and the feeding, breeding, and management of horses, was not against manifest weight of the evidence. (McBRIDE and REYES, concurring.)
McGinley Partners, LLC v. Royalty Properties, LLC
Illinois Appellate Court
Civil Court
Promissory Notes
Plaqintiff sued to enforce a note and guaranty executed by Defendants in connection with purchase of a horse farm. Court entered summary judgment ot Plaintiff and entered judgment against Defendants for $8.32 million. Court denied Defendants' Section 2-1401 petition to vacate judgment. Court did not abuse its discretion in finding that Defendants failed to show due diligence in presenting their defense in the underlying suit, where Defendants had actual knowledge of the intercreditor agreement no later than 8 months prior to entry of summary judgment. (McBRIDE and REYES, concurring.)
Hometown Condominium Association No. 2 v. Mohammed
Illinois Appellate Court
Civil Court
Condominium Property Act
Condominium Association (HOA) created a lien against a unit, based on owners' failure to pay assessments and late fees for several years. Defendant purchased that unit at a sheriff's sale after foreclosure but did not pay his assessments either. HOA then filed complaint for forcible entry and detainer and breach of contract. Defendant's partial payment of 1 month of postforeclosure assessments, made 17 months after confirmation of sale, did not extinguish the lien. A foreclosure purchaser must pay the postforeclosure sale assessments to confirm extinguishment of the lien, which Defendant failed to do. (HUDSON and BIRKETT, concurring.)
Turner on Illinois Mechanics Liens
Bundled with a complimentary Fastbook PDF download!
"Turner on Illinois Mechanics Liens [First Edition] is the most noteworthy publication in recent years for Illinois construction lawyers. It will take its place next to the First and Second Editions of Love on Mechanics Liens. Every Illinois construction lawyer should have this book on their desk."
• Stanley Sklar, Esq., Dispute Resolution Services, Northbrook, Illinois
Published with the cooperation of the Society of Illinois Construction Attorneys (SOICA), Turner on Illinois Mechanics Liens: Second Edition is sure to be the new authoritative text on the law of Illinois mechanics liens. The book provides a straightforward explanation of mechanics lien law in the text and, in its footnotes, a starting point for legal research and acquiring a deeper understanding of mechanics lien law. It is authored by mechanics lien expert Howard M. Turner, who has been practicing, teaching, writing, and drafting legislation on mechanics lien law for over 50 years.
The book is user-friendly, comprehensive, and straightforward. Chapter II, Practical Considerations, covers matters judges believe lawyers often get wrong. There are seven checklists including: how to prepare a lien; how to defend against a lien; how to draft a pleading; and how to make payments so an owner only pays once. The Table of Contents and Index are helpful in finding specific issues and answers.
Leading construction attorneys had the following to say about the First Edition of Turner on Illinois Mechanics Liens:
"[A] gift to construction lawyers. [The] book is a practical compendium of what to do and, importantly, not do."
Hon. Clifford Meacham (Ret.)
ADR Systems
"The most complete and accurate book on Illinois mechanics liens currently available."
Margery Newman, Esq.
Deutsch, Levy and Engel
"An excellent book on Illinois mechanics liens."
Bruce Schoumacher, Esq.
Querrey & Harrow
"A complete and thoughtful treatment of Illinois mechanics lien law."
Randolph E. Ruff, Esq.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
"[A] must-read, must-have, complete resource on Illinois mechanics lien law."
Stanley N. Wasser, Esq.
FeldmanWasser
"Thorough and well cited. I expect to be consulting Howard's book in the future."
Paul Peterson, Esq.
Vice President & Senior Underwriter,
Fidelity National Family of Title Insurance Companies
Author:
Howard M. Turner
Publisher:
ISBA
Pub Date:
September 11, 2019
Format:
Softcover With Complimentary PDF
Edition:
Second
Pages:
338
Member Price:
$60.00
Nonmember Price:
$90.00
Basic Residential Real Estate: From Contract to Closing
Bundled with a complimentary Fastbook PDF download!
NOTE: This book was published prior to the TRID regulations going into effect. The Second Edition, which addresses the new TRID regulations, will be available for sale in the coming months. For more information on the TRID regulations, see the IBJ article New Residential Real Estate ‘Consummation’ Rules.
“I have been practicing real estate law in Chicago (residential real estate transactions in particular) for almost two years now, and I learned more from reading this book than I learned in my entire two years of practice. It was so insightful, easy to follow, and, most importantly, enjoyable! And the exhibits could not be more helpful. I will always look back on this book as one of the best investments I ever made.” – Adam Gurney, Esq.
"I am a relatively new solo attorney and have recently added residential real estate to my practice. I have searched for several months and have not found anything that properly lays out the fundamentals of residential real estate in a detailed manner. Everything I found was either too detailed and skipped over the basics, or was written by an attorney out of New York which is not entirely helpful. That is, until I came across this book. It is a much-appreciated resource!" — Alex R.
As the first title in the ISBA’s new Practice Ready Series, this book was specifically written to be a must-have resource for new attorneys and any others new to residential real estate transactions. It walks you through each stage of a common transaction, from the moment a client contacts your office to the essential steps you must take after the transaction closes. The book centers on and provides in-depth discussion of the use of the new Multi-Board Residential Real Estate Contract 6.0, one of the most widely used contracts of its kind in Illinois. It includes a 130-page appendix with sample copies of the common documents you will encounter in a residential real estate transaction – client letters, the Multi-Board Residential Real Estate Contract 6.0, contingency letters, financing documents, title company documents, closing documents, and many others. Order your copy today and don’t risk seeing these documents for the first time at your first closing!
Author:
Heather M. Fritsch
Pub Date:
October 01, 2014
Format:
Softcover with complimentary PDF
Pages:
334
Member Price:
$40.00
Nonmember Price:
$57.50