Real Estate Law

An order issuing a tax deed is not void and subject to collateral attack because of failure to include address and phone number of county clerk in publication and certified mail take notices that were required to be sent to the delinquent owner prior to the issuance of the tax deed. Due process standards were not violated where certified mail notices to the owner were returned unclaimed. Whether the unclaimed notices included address and phone number of county clerk has nothing to do with whether notices were reasonably calculated to reach respondent. Alternative relief may be available to estate of deceased former owner of properly under indemnity provisions of Tax Code. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

Under Section 9(g)(3) of Condominium Property Act, the payment of postforeclosure sale assessments formally approves and makes certain the cancellation of the condominium associations's lien, and extinguishment of the lien is confirmed by payment of postforeclosure sale assessments.Plain language of the Act and Foreclosure Law may be reasonably construed together to provide a process to extinguish and confirm the extinguishment of condo association's lien. Defendant bank, which purchased condo unit at judicial foreclosure sale, failed to confirm the extinguishment of condo association's lien for prior owner's unpaid assessments, and thus court properly granted summary judgment for condo association. (GARMAN, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)

Plaintiff obtained a judgment against a corporation that was dissolved afterward. Defendant's sole asset, a building in Chicago, had been sold to a purchaser, that later resold it to another company. After bench trial, court granted turnover order against final purchaser, holding that it was responsible for Defendant's debts. On remand, based on evidence from original hearing, trial court found that initial purchaser was a "straw man" and that the two sales were in reality one prearranged transfer from first to second purchaser, undertaken to avoid the judgment debt to Plaintiff. Court's findings were not against the manifest weight of the evidence, and court correctly granted Plaintiff the requested turnover order, as court reasonably relied on evidence from which a reasonable inference was that the two transactions were really one. (McLAREN and BIRKETT, concurring.)

Mechanics Lien Act does not restrict the availability of liens for architects, engineers, land surveyors, or property managers to services performed only for the raising, lowering, or removal of a house, and can include services done for the purpose of improving property. Resolution of issue as to whether owner of property at time contract for services was entered into knowingly permitted developers to enter into contracts regarding the property involves genuine issues of material fact, and thus summary judgment is precluded. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

Plaintiff bank was granted judgment for foreclosure and sale. After sale, bank moved to confirm the same. Foreclosure judgment stipulated that a deficiency judgment would be granted only where Defendant's "liability has not been discharged in bankruptcy." Defendant never appeared before the court had provided no evidence that debt had been discharged in bankruptcy. Requiring that Plaintiff prove the debt not discharged in bankruptcy would constitute an improper shifting of the burden of proof. Court's insistence that Defendant provide "further documentation was contrary to statute.(CARTER and O'BRIEN, concurring).

Plaintiffs sued title insurance company seeking declaration that it was obligated to defend them in underlying action filed by Plaintiffs' neighbors who sought to prevent Plaintiffs from placing improvements on an easement for access to their property.Plaintiffs raised at least the possibility of coverage under the policy, thus triggering Defendant's duty to defend. Failure to provide ingress and egress to a property can render title unmarketable. Underlying suit placed at issue whether easement could actually be conveyed, and thus placed at issue marketability of Plaintiffs' title.(BURKE and SPENCE, concurring.)

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.)

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.)

(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.)