Real Estate Law

House Bill 2269

Topic: 
Electronic nontestamentary estate planning documents

(Croke, D-Chicago; Ellman, D-Naperville) creates a new article in the Probate Code authorizing the use of electronic nontestamentary estate planning documents. “Nontestamentary estate planning document” means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. It applies to electronic records readable as text at the time of signing that creates, exercises, modifies, releases, or revokes estate planning documents with the exception of deeds to real estate and car titles. Passed both chambers. 
 

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Like the Law, Happiness is a Practice

Presented by the Illinois State Bar Association

1.0 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit in the following category: Mental Health and Substance Abuse


Original Program Date: May 25, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­June 12, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


A common misconception about happiness is that it is something that happens to us. To the contrary, scientific research has revealed that happiness requires intentional practice. We cannot just hope to be happy; we must work at it. Don’t miss this workshop that introduces attendees to the science of happiness and satisfaction in the legal profession. It provides scientific support for the importance of happiness to the practice of law and teaches participants science-based techniques for pursuing happiness and satisfaction in a healthy way. Attorneys who attend this online program will learn:
  • How lawyers are a vulnerable population
  • Why lawyer happiness matters
  • How happiness is a practice
  • 3 factors which may determine our level of happiness and satisfaction as lawyers
  • The difference between pursuing happiness and falling prey to toxic positivity
  • Science-based skills for pursing happiness while avoiding toxic positivity


Program Speakers:

Nora Riva Bergman, Real Life Practice, Florida
Chelsy Castro, Castro Jacobs Psychotherapy and Consulting (CIPC), Chicago



Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $30 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

In re Application of County Treasurer

In re Application of County Treasurer
Illinois Appellate Court
Civil Court
Property Tax Code
Citation
Case Number: 
2023 IL App (3d) 220226
Decision Date: 
Thursday, May 25, 2023
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
DAVENPORT

Petitioner appealed from a circuit court order granting the respondent’s motion to vacate the trial court’s prior order directing the county clerk to issue a tax deed to the petitioner. The question on appeal was whether the trial court erred when it determined that the petitioner did not properly publish notice under section 22-20 of the Property Tax Code. The appellate court reversed, finding that notice was proper where the petitioner followed the statutory process for publication in “some newspaper in the county” where there was no newspaper in the municipality where the subject property was located. (HOLDRIDGE and PETERSON, concurring)

Collections for the Non-Collections Attorney

Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Law Section


2.0 hours MCLE credit


Original Program Date: May 19, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 24, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Don’t miss this online seminar that offers an in-depth look at bankruptcy and collections, as well as the issues that can arise. New attorneys and lawyers who do not normally handle collection cases who attend this program will better understand:
  • The bankruptcy issues related to collecting judgments;
  • The issues regarding judgment drafting and enforcement;
  • The proper judgment language;
  • Post-judgment interest;
  • How to enforce judgments from other countries or states;
  • Revival of judgments; and
  • Much more.

Program Coordinators:
Samuel H. Levine, Downey & Lenkov LLC, Chicago
Nathan Lollis, Law Offices of Nathan Lollis LLC, Chicago
Julia J. Smolka, Robbins DiMonte Ltd., Park Ridge

Program Moderator:
Sandra A. Aguilera, Manetti Aguilera Seiler LLC, Bannockburn

Program Speakers:
Nathan Lollis, Law Offices of Nathan Lollis LLC, Chicago
Julia J. Smolka, Robbins DiMonte Ltd., Park Ridge

Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $60 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $100
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

Deconstructing the Arbitration Process

Presented by the ISBA Construction Law Section
Co-sponsored by the ISBA Real Estate Law Section, ISBA Commercial Banking, Collections, and Bankruptcy Law Section, and ISBA Alternative Dispute Resolution Section


3.25 hours MCLE credit, including 3.25 hours Professional Responsibility MCLE credit in the following category: Professionalism, Civility, or Legal Ethics credit


Original Program Date: May 18, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­June 6, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Arbitration is different from litigation in the circuit and federal courts, including how the arbitration process is initiated, the applicable rules, and motion practices. Join us for this online program as we deconstruct the arbitration process, giving you the best foundation to advise your clients. The program includes both a panel discussion and mock arbitration regarding the dispute of a new residential construction. Real estate practitioners, construction lawyers, commercial banking and bankruptcy counsel, and new attorneys who attend this seminar will better understand:
  • The basic distinctions between arbitration and litigation;
  • The development of the arbitration dispute;
  • How the hearing and appeals are conducted;
  • The significance of the arbitration pre-hearing conference (and how to prepare for it);
  • How to conduct the arbitration of a residential new construction case;
  • Opening statements; and
  • Much more.

Program Coordinators:
Hon. Lisa R. Curcio (ret.), ADR Systems, Chicago
Samuel H. Levine, Downey & Lenkov LLC, Chicago

Program Speakers:
David T. Arena, Arena Law Office, LLC, Park Ridge
Hon. Lisa R. Curcio (ret.), ADR Systems, Chicago
Samuel H. Levine, Downey & Lenkov LLC, Chicago
Margery Newman, Downey & Lenkov LLC, Chicago
Randall S. Rapp, Rapp Law Group, LLC, Harvard
Adam B. Whiteman, Whiteman Law LLC, Chicago

Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $97.50 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $162.50
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free

House Bill 2098

Topic: 
Amends the Residential Real Property Disclosure Act

(Tarver, D-Chicago; Sims, D-Chicago) provides that "seller" does not include a beneficiary who has both (1) never occupied the residential real property and (2) never had management responsibility for the residential real property. Passed both chambers. 

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Legacy Re, Ltd. v. 401 Properties Limited Partnership

Legacy Re, Ltd. v. 401 Properties Limited Partnership
Illinois Appellate Court
Civil Court
Foreclosure
Jurisdiction
Citation
Case Number: 
2023 IL App (1st) 220855
Decision Date: 
Friday, May 19, 2023
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Appeal dismissed.
Justice: 
ODEN JOHNSON

Interlocutory appeal in a foreclosure matter involving an order entered by the trial court that imposed a constructive trust in favor of the plaintiff over a share of a mortgage note. Defendant argued that the appellate court had jurisdiction under SCR 307. The appellate court dismissed, finding that it lacked jurisdiction explaining that it would not upset the well-settled rule regarding foreclosure orders and that an interlocutory appeal was not appropriate where any inequity in the temporary order could be addressed by the trial court before issuing a final order. (C.A. WALKER and TAILOR, concurring)

Risky Tenants - Drafting Issues for Landlords - A National Perspective

Presented by the ISBA


0.75 hour MCLE credit


Original Program Date: January 26, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Landlords (and their lenders) want nothing more than certainty in the stream of rental payments from tenants. When risks are involved – because of the profile of the tenant or the nature of its operations – landlords seek to offset the risk through higher rents and protective provisions in leases. Those provisions may include restrictions on usage, insurance requirements, more thoroughgoing inspections or other restrictions. This program will provide you with a guide to drafting and negotiating leases when a landlord has a risky tenant, with an emphasis on offsetting or compensation for that additional risk.
  • Drafting protections for landlords when tenants pose legal or operational risks – including cannabis businesses
  • Identifying points of potential liability – financial and otherwise – for landlords
  • Drafting scope of tenant use to permit activity but limit landlord risk
  • Economic issues – rent, guarantees, insurance, supplemental payments, escrow
  • Termination provisions – when can the landlord pull the plug?

Speaker:

Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

1031 Like-Kind Exchanges in Trust & Estate Planning - A National Perspective

Presented by the ISBA


1.0 hour MCLE credit


Original Program Date: January 19, 2023
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­May 18, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive. There are also substantial real estate law traps in like-kind exchanges. This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.

  • Trust and estate planning opportunities using Section 1031 like-kind exchanges
  • How the 2017 tax law changed conventional considerations of using like-kind exchanges
  • Review of major non-estate tax issues for estate planners when using like-kind exchanges
  • Circumstances when it no long makes sense to use like-kind exchanges for income-producing party
  • Real estate traps when using like-kind exchanges in trust planning


Speakers:

Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning. She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law. Ms. Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.

From Contract to Close: Handling Residential Closings with Care

Presented by the ISBA Real Estate Law Section


3.5 hours MCLE credit, including 0.50 hour approved Professional Responsibility MCLE credit in the following category: Professionalism, Civility, or Legal Ethics credit


Original Program Date: May 5, 2023
Accreditation Expiration Date: May 30, 2025 (You must certify completion and save your certificate before this date to get MCLE credit)


Gain a better understanding of the residential closing process with this half-day seminar. New attorneys, real estate lawyers, and general practitioners with basic to intermediate practice experience who attend this online program will learn:
  • How to ensure a smooth and timely closing;
  • When to use statutory vs limited Power of Attorney;
  • The various options to choose from when conveying a title;
  • The new ALTA form and common policy endorsements;
  • The changes to the Uniform Mortgage forms for Fannie Mae and Freddie Mac loans that were revised July, 2021;
  • The issues that real estate attorneys need to be aware of (and the ancillary issues that can trap you); and
  • Much more.


Program Coordinator/Moderator:
Cheryl A. Morrison, Law Office of Cheryl A. Morrison, Mokena


8:55 – 9:00 a.m. Welcome
Cheryl A. Morrison, Law Office of Cheryl A. Morrison, Mokena

9:00 – 9:45 a.m. Handling Your First Residential Real Estate Closing
Learn how to handle a residential real estate transaction from contract to close with this informative segment. Topics include: best practices for advising your clients, how to be proactive to ensure a smooth and timely closing, and when to use statutory vs limited Power of Attorney (and what changes to the statutory form may be appropriate).
Laura L. Lundsgaard, Attorney & Counselor at Law, Inverness
Cheryl A. Morrison, Law Office of Cheryl A. Morrison, Mokena

9:45 – 10:30 a.m. Deeds Choices: What to Choose and When
Special or general warranty deeds, land trusts and TODIs, LLCs and revocable trusts – there are so many options to choose from when conveying title and advising your clients on which choice to make. Join us for an in-depth look at the different deed options, the manners of taking and advising clients regarding risks, and benefits of each.
Kevin P. Camden, Camden Law Office, LLC, Downers Grove, IL
Fariz Burhanuddin, Burhanuddin Law LLC, Chicago, IL

10:30 – 10:45 a.m. Break

10:45 – 11:45 a.m. The New ALTA Form, Endorsements and Title Clearance Best Practices
Don’t miss this comprehensive overview of the new ALTA form and common policy endorsements. Topics include: common title clearance issues, trust clearance, entity clearance, and deeding out of and into trusts.
Paul Peterson, Attorney at Law, Mount Prospect
Tiffany G. Thompson, Fidelity National Title Insurance Company, Joliet

11:45 a.m. - 12:15 p.m. The New Fannie Mae and Freddie Mac Uniform Mortgage Forms
This segment offers an in-depth look at changes to the Uniform Mortgage forms for Fannie Mae and Freddie Mac loans that were revised July, 2021, discussing both the transactional aspects of the changes and the potential collection aspects on default.
Erica Minchella, Minchella & Associates, Ltd., Skokie

12:15 – 12:45 p.m. Hot Topics: Staying Competent While Adding Value for Your Clients*
Rule 1.1 of the Rules of Professional Conduct requires Illinois attorneys to provide competent representation, including skills, knowledge, and preparation. This presentation examines a number of important issues that every real estate practitioner needs to be aware of, as well as some ancillary issues that can trap the unwary. Topics include: wire fraud, storm damage scams, home flippers, brokers as title agents, the dangers of quit claim deeds, and why it’s a bad idea to add kids to the title, and more.
Kevin P. Camden, Camden Law Office, LLC, Downers Grove
Laura L. Lundsgaard, Attorney & Counselor at Law, Inverness
Cheryl A. Morrison, Law Office of Cheryl A. Morrison, Mokena




Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $105 is displayed below when you login and program is eligible for Free CLE member benefit
    • Non-Member Price $175
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - Free