Real Estate Law

Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois

Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois
Illinois Appellate Court
Civil Court
Mechanics Lien Act
Citation
Case Number: 
2015 IL App (3d) 140064
Decision Date: 
Tuesday, January 27, 2015
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
CARTER
(Court opinion corrected 2/9/15.) Plaintiff engineering company filed civil complaint seeking to foreclose on mechanic's lien against multiple defendants, including bank. Court properly invalidated lien and granted summary judgment for bank, as Plaintiff failed to establish that its work improved the property at issue, under Mechanic's Lien Act. No case law has held that recording of a final plat as result of an engineering company's work was found to enhance value of land. (WRIGHT, concurring; LYTTON, dissenting.)

Senate Bill 735

Topic: 
Mortgage foreclosure
(Mulroe, D-Chicago) amends provisions outlining under which circumstances the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action. It adds situations in which there is a: (i) beneficiary under a transfer on death instrument; (ii) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (iii) person or entity that was conveyed title to the property under the administration of the deceased's estate; or (iv) trust that was conveyed title to the property. Just introduced and referred to Senate Committee on Assignments.
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1010 Lake Shore Association v. Deutsch Bank Nat’l Trust Co.

Illinois Supreme Court PLAs
1010 Lake Shore Association v. Deutsch Bank Nat’l Trust Co.
Civil Court
Condominium Property Act
Citation
PLA issue Date: 
January 28, 2015
Docket Number: 
No. 118372
District: 
1st Dist.
This case presents question as to whether trial court properly granted plaintiff-condominium association’s motion for summary judgment in action seeking possession of condominium and payment of past due monthly assessment fees that accrued both before and after defendant’s purchase of condominium at judicial foreclosure sale. Appellate Court, in affirming trial court, found that sections 9(g)(1), (3) of Condominium Property Act created lien in favor of plaintiff for unpaid assessments that had accrued prior to judicial foreclosure sale, where defendant had failed to make assessment payment for first full month following said sale, and that lien for full amount of unpaid assessments remained with property.

House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.
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The Top 10 Things to Do Before Your First Residential Real Estate Transaction

By Heather M. Fritsch
February
2015
Cover Story
, Page 22
Hoping to represent home sellers and buyers? Taking these steps at the outset will help you get off to a smooth start.
1 comment (Most recent January 29, 2015)

Citimortgage v. Bukowski

Citimortgage v. Bukowski
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 140780
Decision Date: 
Wednesday, January 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON
In mortgage foreclosure action, court entered summary judgment for mortgage company, and confirmed judicial sale. Defendants' claim that they did not receive acceleration notice is not a proper affirmative defense but an assertion that a condition precedent was not satisfied prior to filing suit. Unsupported denial of receipt of acceleration notice is insufficient to create genuine issue of material fact to defeat summary judgment. TILA does not apply to loan modifications; thus, claimed failure of mortgage company to provide Defendant with notice of requirements of Illinois Mortgage Escrow Account Act gives rise to no claim under TILA. (PUCINSKI and LAVIN, concurring.)

BAC Home Loans Servicing, LP v. Pieczonka

BAC Home Loans Servicing, LP v. Pieczonka
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 133128
Decision Date: 
Wednesday, January 14, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Section 15-1505.6 of Code of Civil Procedure clearly imposes 60-day deadline to file motions to quash service of process from time a defendant files an appearance, in residential foreclosure action. Although Defendant filed his initial motion to quash service only seven days after filing his initial appearance, he voluntarily withdrew that motion, so that the relevant date, for purpose of time deadline for filing, is date he filed second to quash service, which was beyond 60 days after filing of appearance. (PUCINSKI and MASON, concurring.)

CitiMortgage, Inc. v. Lewis

CitiMortgage, Inc. v. Lewis
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 131272
Decision Date: 
Wednesday, December 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Vacated and remanded.
Justice: 
REYES
(Court opinion corrected 1/14/15.) Court granted bank's motion to confirm judicial sale and denied Defendant homeowner's motion to set aside sale. Order confirming sale is vacated, and remanded for parties to conduct limited discovery and for evidentiary hearing on whether property was sold in material violation of FHA-HAMP requirements. (PALMER and McBRIDE, concurring.)

Bankunited v. Velcich

Bankunited v. Velcich
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 132070
Decision Date: 
Monday, January 12, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Court entered order of default and confirming judicial sale in foreclosure action. Court properly denied Defendant's emergency motion to quash service. Plaintiff's affidavits to effectuate service by publication were based on affiant's personal knowledge and set forth specific actions taken to determine Defendant's whereabouts to justify service by publication. As no evidence that Plaintiff knew where Defendant resided, Plaintiff did not improperly fail to state Defendant's residence in its affidavit for service by publication. (DELORT and CONNORS, concurring.)

CNB Bank & Trust, N.A. v. Rosentreter

CNB Bank & Trust, N.A. v. Rosentreter
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (4th) 140141
Decision Date: 
Tuesday, December 23, 2014
District: 
4th Dist.
Division/County: 
Macoupin Co.
Holding: 
Reversed and remanded.
Justice: 
APPLETON
Bank filed action for foreclosure and for replevin of grain bins. Parties disputed whether co-trustee owned 100% or 50% of tracts in question. By signing the mortgage , co-trustee mortgaged 100% of the ownership interest in tracts, as opposed to only 50% of the ownership interest. Question of fact as to whether Bank or Defendants were entitled to judgment as a matter of law. (POPE and HARRISON, concurring.)