Real Estate Law

Neufairfield Homeowners Association v. Wagner

Neufairfield Homeowners Association v. Wagner
Illinois Appellate Court
Civil Court
Restrictive Covenants
Citation
Case Number: 
2015 IL App (3d) 140775
Decision Date: 
Wednesday, November 4, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON
Homeowners Association (HOA) filing declaratory action, seeking to enforce a restrictive covenant prohibiting operation of 2 daycare businesses, against homeowners. Court properly entered summary judgment in favor of homeowners, as plain language of HOA declaration shows that drafters did not intend it to apply to homeowners' daycare businesses, and are permissible personal businesses as identified in declaration. (CARTER and HOLDRIDGE, concurring.)

Cook County ordinances 15-5775 and 15-5780

Topic: 
Filing fee increase
The Cook County Board has on its agenda two ordinances to increase litigants and defendants' filing fees from $15 to $25 for the court automation fee (15-5775) and from $15 to $25 for the document storage fee (15-5780). These fees are paid by civil litigants and defendants in felony, misdemeanor, municipal ordinance, conservation, and traffic cases (excluding minor traffic cases satisfied without a court appearance. These two ordinances will probably be voted the week of November 16th to take effect December 1, 2015.
View Full Text of Legislation

Sorrells v. City of Macomb

Sorrells v. City of Macomb
Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2015 IL App (3d) 140763
Decision Date: 
Friday, October 23, 2015
District: 
3d Dist.
Division/County: 
McDonough Co.
Holding: 
Affirmed.
Justice: 
CARTER
Plaintiffs filed complaint against Defendant construction company for flooding on their property allegedly caused by company developing the adjacent property, and added count for inverse condemnation against City which owned streets company had developed. Court properly granted City's section 2-615 motion to dismiss inverse condemnation count with prejudice. Allegations are insufficient to support Plaintiffs' claim of a taking for public use where alleged increased water drainage was coming from entire development, including streets, through detention or draining basins. Development was not a public property, and acceptance of dedication of streets inside development does not give rise to a taking where drainage was from basins. (LYTTON and SCHMIDT, concurring.)

Marquette Bank v. Heartland Bank and Trust Company

Marquette Bank v. Heartland Bank and Trust Company
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 142627
Decision Date: 
Tuesday, September 29, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HYMAN
(Court opinion corrected 10/20/15.) Court properly granted summary judgment for Plaintiff bank in foreclosure of marital home owned by a land trust. Wife's signing of a letter of direction to trustee of land trust shows her consent to the mortgage, a joint debt, and thus the defense of tenants by the entirety, even if allowed by statute, was not available to prevent foreclosure. (PIERCE and SIMON, concurring.)

Sullivan v. Kanable

Sullivan v. Kanable
Illinois Appellate Court
Civil Court
Real Property
Citation
Case Number: 
2015 IL App (2d) 141175
Decision Date: 
Friday, October 16, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court's decision to rely on survey to establish boundary between parties, who owned neighboring residential parcels of lakefront property, is not against manifest weight of evidence.Plaintiff's surveyor located boundaries of Defendants' property, pursuant to legal description of the property, with reference to government survey monuments and a properly placed marker. Method used by surveyor who had previously done survey of Defendants' property appears arbitrary and inferior to alternative methods. (JORGENSEN and HUDSON, concurring.)

Concord Air, Inc. v. Malarz

Concord Air, Inc. v. Malarz
Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2015 IL App (2d) 140639
Decision Date: 
Tuesday, June 30, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE
(Modified upon denial of rehearing 10/15/15.) Bank filed foreclosure action and named Plaintiff as a junior lienholder. Plaintiff defaulted, and bank purchased property at judicial sale. Title company purchased property and resold it. Service affidavits (showing personal service was unsuccessful, and service on Plaintiff was made via publication) on file in foreclosure action gave title company inquiry notice that Plaintiff's interest was not properly extinguished, and thus, complaint may not be dismissed on ground that title company was a bona fide purchaser. Service defect appears on face of record, so title company had inquiry notice of lack of personal jurisdiction over Plaintiff, and pending proceedings drew more attention to a potential defect in personal jurisdiction.(JORGENSEN and HUDSON, concurring.)

The Forest Preserve District of Cook County, IL v. Chicago Title and Trust Company

The Forest Preserve District of Cook County, IL v. Chicago Title and Trust Company
Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2015 IL App (1st) 131925
Decision Date: 
Wednesday, September 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court properly granted Defendants' Section 2-1401 petition to vacate agreed order and judgment entered in eminent domain action. Invalidity of 1991 ordinance, upon which condemnation action was premised, had been established as a matter of collateral estoppel. Meritorious defense of invalid ordinance was established, and Defendants' due diligence requirements were satisfied. Court within its discretion in not holding evidentiary hearing, given unique equitable circumstances of case and extensive volume of information and facts available to court during proceedings. (LIU and HARRIS, concurring.)

M&T Bank v. Mallinckrodt

M&T Bank v. Mallinckrodt
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (2d) 141233
Decision Date: 
Wednesday, September 30, 2015
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Reversed and remanded.
Justice: 
SPENCE
Lien priority dispute in mortgage foreclosure proceedings on residential property. Court erred in granting partial summary judgment in favor of junior lienholder bank whose mortgage, court ruled, had priority over other bank's mortgage. Bank did not lose its senior lienholder status because it did not have a recorded interest in the note at the time of the other bank's refinancing. The purpose of having MERS as the mortgagee is to allow repeated assignments of notes without recordation, as MERS continues to hold the mortgage. (SCHOSTOK and ZENOFF, concurring.)

Countrywide Home Loans Servicing, LP v. Clark

Countrywide Home Loans Servicing, LP v. Clark
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 133149
Decision Date: 
Wednesday, September 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON
Court entered two separate orders, in consolidated case, relating to mortgage foreclosure proceedings initiated by mortgage lender, which later assigned mortgage to servicing company. Court properly entered default order against one Defendant. Court properly entered order disbursing proceeds from sale of other Defendant's prior marital home to bank. A special process server is not required to serve an out-of-state Defendant. Purported deficiencies in process server's affidavit of service, including that server's license number and contact information were not included, and 8-year-difference in estimated age and Defendant's actual age, are irrelevant to determine validity of service. Court was not obligated to hold evidentiary hearing before ruling on fully briefed motions to quash service and to pay out the sale proceeds.(FITZGERALD SMITH and LAVIN, concurring.)

Fattah v. Bim

Illinois Supreme Court PLAs
Fattah v. Bim
Civil Court
Implied Warranty of Habitability
Citation
PLA issue Date: 
September 30, 2015
Docket Number: 
No. 119365
District: 
1st Dist.
This case presents question as to whether trial court properly found in defendants’ favor in bench trial on plaintiff’s action alleging that defendants-developers of plaintiff’s home breached implied warranty of habitability, when four months after plaintiff purchased said home for original owner patio of said home collapsed under circumstances where: (1) plaintiff purchased said home “as is” from original home owner; and (2) original home owner waived implied warranty of habitability on home when she purchased said home from defendants. Appellate Court, in reversing trial court, found that original homeowner’s waiver of implied warranty of habitability was not binding on plaintiff who was unaware of said waiver, and plaintiff’s purchase of instant home on “as is” basis was irrelevant. In their petition for leave to appeal, defendants argued that: (1) they were denied due process when Appellate Court rendered its decision without their input in case and under circumstances where defendants had not been served with numerous documents relating to Appellate Court appeal; and (2) instant waiver should have applied to plaintiff.