Real Estate Law

Public Act 100-1048

Topic: 
Summons and foreclosure

(Mulroe, D-Chicago; Martwick, D-Chicago) amends the Code of Civil Procedure to provide that the court’s jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served.

 

Actions for the recovery of real property following a foreclosure must be brought within two years after possession is taken. If a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than six months. A purchaser in actual possession of lands or tenements following a foreclosure is adjudged to be the legal owner of the lands or tenements if he or she continues in possession for two successive years and pays all taxes legally during that time.

 

Amends the Mortgage Rescue Fraud Act to provide that it is a violation for a distressed-property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed-property consultant derived from the foreclosure litigation.

 

Effective August 23, 2018. 

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Wetzel v. Glen St. Andrew Living Community, LLC

Federal 7th Circuit Court
Wetzel v. Glen St. Andrew Living Community, LLC
Civil Court
Fair Housing Act
Citation
Case Number: 
No. 17-1322
Decision Date: 
August 27, 2018
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in granting defendant-landlord’s motion to dismiss plaintiff-tenant’s action under Fair Housing Act (FHA) action, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for making complaints of discrimination, where plaintiff asserted that other tenants in instant senior living community subjected her to series of verbal and physical abuse based on her lesbian sexual orientation, and that defendant failed to take appropriate action to stop said harassment. FHA extends liability for landlords who have actual notice of tenant-on-tenant harassment based on protected status, and yet chooses not to take any reasonable steps within its control (such as disciplining harassing tenants) to stop said harassment. Moreover, plaintiff alleged viable harassment claim, where plaintiff asserted that: (1) certain residents called her “fucking dyke,” “fucking faggot,” and “homosexual bitch,” while others either knocked plaintiff off her scooter with their walker, bashed their wheelchairs into plaintiff’s dining table, and uttered slurs on elevator. Plaintiff also alleged that: (1) she routinely reported said verbal and physical harassment to defendant’s staff, who either dismissed said complaints, attributed said incidents as accidents or told plaintiff that she was liar; and (2) defendant took steps in retaliation by barring her from various common areas of housing complex. Ct. also found that plaintiff had viable post-acquisition discrimination claim because alleged discrimination affected provision of services and facilities connected to her rental.

MidFirst Bank v. Riley

MidFirst Bank v. Riley
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2018 IL App (1st) 171986
Decision Date: 
Sunday, August 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed
Justice: 
HARRIS

Bank initiated foreclosure action. Plaintiff's complaint establishes prima facie case that Plaintiff has standing, as Plaintiff produced original note, and document of assignment of mortgage and note. No genuine issue of material fact as to Defendant's consumer fraud claim Defendant did not attach any documentation showing what she submitted to Plaintiff, and failed to cite to anything to substantiate her claim. (PIERCE and MIKVA, concurring.)

1002 E. 87th Street, LLC v. Midway Broadcasting Corp.

1002 E. 87th Street, LLC v. Midway Broadcasting Corp.
Illinois Appellate Court
Civil Court
Leases
Citation
Case Number: 
2018 IL App (1st) 171691
Decision Date: 
Tuesday, June 5, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

(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 100-786

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. 

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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. 

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