Real Estate Law

Aurora Bank FSB v. Perry

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (3d) 130673
Decision Date: 
Wednesday, April 8, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
(Court opinion corrected 4/24/15.) Court properly granted summary judgment to bank, as assignee of mortgage, in mortgage foreclosure action. Bank proved capacity to bring foreclosure action, as holder of indebtedness by being bearer of note and through its supporting affidavit. (HOLDRIDGE and WRIGHT, concurring.)

Buyer Beware: Advising Condominium Owners in Illinois

By Damon Ritenhouse
May
2015
Article
, Page 24
Pointers for representing condo owners and prospective purchasers, particularly in light of the Illinois Supreme Court's recent Spanish Court ruling.

Hawkins v. Voss

Illinois Appellate Court
Civil Court
Real Property
Citation
Case Number: 
2015 IL App (5th) 140001
Decision Date: 
Thursday, April 9, 2015
District: 
5th Dist.
Division/County: 
Monroe Co.
Holding: 
Affirmed.
Justice: 
GOLDENHERSH
Parties entered into oral agreement that Defendants, in auction business, would procure buyers for Plaintiff's home which was in her own revocable trust of which she was trustee. Defendants successfully found buyers, but buyers reneged on purchase. Section 15 of Residential Real Property Disclosure Act exempts a trustee, as a fiduciary in course of administration of a trust, selling her own trust's real estate from requirement that she provide a disclosure form to buyers.The fact that trustee and beneficiary are the same person does not erase fiduciary role Plaintiff assumes. Thus, Defendants had no duty to provide Plaintiff a disclosure form to give to buyers, under Section 20 of the Act, and their alleged failure to provide form was not a breach of contract or fiduciary duty and not negligence. (CATES and CHAPMAN, concurring.)

BAC Home Loans Servicing, LP v. Popa

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 142053
Decision Date: 
Tuesday, March 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
Platntiff filed mortgage foreclosure action. Court properly granted Plaintiff's motion for summary judgment and motion for order approving report of sale and distribution and order for possession and eviction. Upon entry of foreclosure judgment, mortgage merges into judgment and eliminates contract, and thus judgment is controlled by statute, not contract. A plaintiff is entitled to statutory interest rate from date of foreclosure judgment and before confirmation of sale. (PALMER and REYES, concurring.)

House Bill 3325

Topic: 
Presumptively Void Transfers
(Williams, D-Chicago) amends the Presumptively Void Transfers Article of the Probate Act of 1975 to redefine terms. If the property in question is an interest in real property, a purchaser or mortgagee for value and without notice, before the recordation of a lis pendens for an action, shall take free and clear of the action. In House Rules Committee.

HB 3672

Topic: 
Recorders and property fraud system
(Greg Harris, D-Chicago) Amends the Counties Code. Provides that in a county that has a property fraud alert system, a county recorder may create a registration form to register a property owner on the county's property fraud alert system that a real estate professional may file with the recorder on behalf of a property owner. Provides that real estate professionals must register with the county recorder prior to filing the registration forms on behalf of property owners. Limits liability for those assisting a property owner with registering for the property fraud alert system. Limits home rule powers. Scheduled for hearing this Thursday in House Townships Committee.

House Bill 1319

Topic: 
The Security Deposit Interest Act
(Lang, D-Skokie) provides that the requirement that a lessor pay accumulated interest within 30 days after the end of each 12-month rental period applies to interest that has accumulated to an amount of $5 or more. Requires that the lessor pay all interest that has accumulated and remains unpaid, regardless of the amount, upon termination of the tenancy. Assigned to House Judiciary Committee (Civil).

JPMorgan Chase Bank, N.A. v. Ontiveros

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (2d) 140145
Decision Date: 
Monday, February 23, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court properly denied Defendants' petition for relief from judgment. Plaintiff's lack of licensure as a licensed collection agency under Collection Agency Act does not render foreclosure and confirmation orders void. Pendency of a postjudgment motion does not toll running of Section 2-1401's two-year limitations period. Foreclosure complaint is a justiciable matter regardless of whether plaintiff bringing action is a proper party. (HUDSON and SPENCE, concurring.)

Beal Bank v. Barrie

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 133898
Decision Date: 
Tuesday, February 17, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
LIU
In foreclosure proceeding, Defendant failed to raise grace period notice defense at any time during underlying proceedings, until one month after bank filed motion to confirm sale. Defendant failed to show that "justice was not otherwise done", as required to preclude confirmation of sale pursuant to Section 15-1508(b)(iv) of Mortgage Foreclosure Law. Defendant's argument that mortgage company, which subsequently acquired note and mortgage, lacked statnding at time it filed complaint is untimely, as it is an affirmative defense that must be pleaded in answer or responseive pleading.(SIMON and NEVILLE, concurring.)

House Bill 160

Topic: 
Forcible entry and detainer
(Thapedi, D-Chicago) provides that the owner may recover rent or a fair and reasonable satisfaction for use and occupation if the lands or tenements are held by a tenant who is a defendant in an eviction or possession action who continues to maintain possession of the land throughout the duration of the pending eviction or possession action. If an order for use and occupancy is granted to the plaintiff and the defendant violates the order by willfully failing to pay the ordered amount, it requires the court to set a firm trial date for the pending eviction possession action no less than seven days from the date that this order is entered. Makes the defendant responsible for the plaintiff’s costs and attorney’s fees. If the defendant is successful in the underlying eviction or possession action, the defendant is entitled to the return of any use and occupancy payments made to the plaintiff on his or her behalf plus statutory interest. Exempts property subject to the Condominium Property Act. To be heard in House Judiciary Committee next week.