1002 E. 87th Street, LLC v. Midway Broadcasting Corp.
Illinois Appellate Court
Civil Court
Leases
(Court opinion corrected 8/21/18.) A new landlord does not have a right to recover rent due from before it owned the property. A nonwaiver clause in lease does not allow new landlord to demand compliance with obligations that were owed to original landlord. New landlord cannot file suit for breach of guaranty or collect under guaranty for failure to pay past due rent because it does not have standing to sue.(MASON and PUCINSKI, concurring.)
Public Act 100-920
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.)