Public Act 100-880
Topic:
Administrative Procedure Act
(Tracy, R-Quincy; Wheeler, R-North Aurora) creates authorization and requirements for using email as a method of service under this Act. Effective Jan. 1, 2019.
Public Act 100-786
Topic:
Trust and Trustees Act
(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Effective January 1, 2019.
Public Act 100-722
(Althoff, R-McHenry; Martwick, D-Chicago) amends the State Tax Lien Registration Act to provide that the notice of tax lien must also include the county or counties where the real property of the debtor to which the lien will attach is located. Provides that a tax lien that is filed in the registry must be attached to all of the existing and after-acquired real and personal property of the debtor. Effective August 3, 2018.
Public Act 100-670
Paliatka v. Bush
Illinois Appellate Court
Civil Court
Mortgages
Court properly dismissed complaint with prejudice, as Plaintiff was unable to state a cause of action for an equitable mortgage, as Plaintiff stated that there was no written agreement subrogating him to the original mortgage on the property. Plaintiff does not meet requirements for contractual subrogation, as no evidence of an express agreement, and he did not record his lien. No debt, duty, or obligation is owed to Plaintiff, and thus he cannot state a cause of action for an equitable lien. (HOWSE and LAVIN, concurring.)
Public Act 100-659
Public Act 100-654
Squires-Cannon v. Forest Preserve Dist. of Cook County
Federal 7th Circuit Court
Civil Court
Fifth Amendment
Dist. Ct. did not err in dismissing for failure to state valid claim plaintiffs-property owners’ action alleging that defendant-Forest Preserve’s passing of ordinance creating forest preserve district for lands that included plaintiffs’ estate violated 5th Amendment’s Takings Clause, since enactment of ordinance did not constitute regulatory taking and did not otherwise effect actual acquisition of subject estate. Moreover, defendant’s purchase and foreclosure on mortgage covering said estate did not constitute unconstitutional taking, since: (1) defendant was merely exercising its contractual right to obtain said estate, as opposed to exercising any governmental prerogative; and (2) terms of mortgage note allowed lender to assign note to anyone without plaintiffs’ consent. Dist. Ct. also did not err in dismissing plaintiffs’ fraudulent concealment action against attorney arising out of plaintiffs’ claim that said attorney did not disclose his relationship with Forest Preserve during negotiations with plaintiffs for agreement on deed in lieu of foreclosure. Plaintiffs had failed to allege any plausible damage arising out of attorney’s alleged conduct, where plaintiffs’ had defaulted on mortgage note that was eventually assigned to Forest Preserve.
Public Act 100-616
Topic:
Leases and military service
(Unes, R-Peoria; Koehler, D-Peoria) amends the Service Member Residential Property Act. It provides that if a service member who has entered into a residential lease covered by this Act is killed in action or on active duty, then the immediate family or dependents of the service member may terminate the lease. Effective July 20, 2018.
Muirhead Hui L.L.C. v. Forest Preserve District of Kane County
Illinois Appellate Court
Civil Court
Restrictive Covenants
In 2003, Plaintiffs sold some parcels of land to Defendant Forest Preserve District. Along with other persons, total land sold to District was 531.8 acres. Eventually, the deeds were rerecorded and the restrictive covenant language removed. Plaintiffs filed complaint against District, and court properly dismissed complaint, as Plaintiffs lack standing. Plaintiffs are not successors to the interest of the Illinois Department of Natural Resources and its agreement with the Forest Preserve District. (BURKE and SPENCE, concurring.)