Real Estate Law

Rock River Water Reclamation District v. The Sanctuary Condominiums of Rock Cut

Rock River Water Reclamation District v. The Sanctuary Condominiums of Rock Cut
Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130813
Decision Date: 
Thursday, December 11, 2014
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Plaintiff made proposal to build sanitary sewer extension to a residential development, which would require installation of trunk line running beneath property belonging to Defendant condominiums. Plaintiff sought permanent easement and temporary construction easement from condominiums, and filed complaint for condemnation. Court dismissed complaint on grounds that ordinance authorizing construction of project failed to state that a taking of Defendant's property was necessary and failed to describe with reasonable certainty the property sought to be taken. Plaintiff enacted another ordinance to cure deficiencies, and filed new condemnation action. After bench trial, court found $1,350 was just compensation for easements. Court properly found that project was necessary and properly denied Defendant's traverse and motion to dismiss. Court properly excluded as hearsay testimony by condominium resident as to landscape architect's estimate to restore Defendant's property after installation of trunk line. (SCHOSTOK and ZENOFF, concurring.)

Greenpoint Mortgage Funding, Inc. v. Poniewozik

Greenpoint Mortgage Funding, Inc. v. Poniewozik
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 132864
Decision Date: 
Monday, December 8, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Defendant filed Section 2-1401 Petition seeking to quash service in foreclosure proceeding. Section 15-1505.6 of Mortgage Foreclosure Law, to object to personal jurisdiction, is a procedural change in the law, and it applies retroactively. By changing deadline for when a party must move to quash service, law prescribes method of enforcing rights and directs how a suit proceeds. Waiting more than 60 days after appearing or participating in hearing causes waiver of objection to personal jurisdiction. (DELORT and HARRIS, concurring.)

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.

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Senate Bill 3075

Topic: 
Juror fees and jury composition
(Madigan, D-Chicago; Mulroe, D-Chicago) makes the following changes for juror pay: (1) Requires counties to pay jurors $25 for the first day of service and thereafter $50 for each day of service. (2) Deletes the current requirement to pay for jurors’ travel expenses. (3) Requires all trials by jury in civil cases to be six jurors but still requires that the verdict be unanimous. If alternate jurors are requested, an additional fee established by the county must be charged for each alternate juror requested. Effective date would be June 1, 2015. Senate Bill 3075 is scheduled for hearing Dec. 1 in House Judiciary Committee.
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West Suburban Bank v. Advantage Financial Partners, LLC

West Suburban Bank v. Advantage Financial Partners, LLC
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (2d) 131146
Decision Date: 
Monday, November 17, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK
A private detective agency must be properly licensed before it may act as special process server, and if it was not, then service was improper and court properly granted Section 2-1401 motion for relief from judgment, and set aside foreclosure judgments as void for lack of personal jurisdiction. Defense of laches inapplicable, as bank failed to show material prejudice. (JORGENSEN, concurring.; BIRKETT, specially concurring.)

Bouton v. Bailie

Bouton v. Bailie
Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2014 IL App (3d) 130406
Decision Date: 
Wednesday, October 29, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE
Plaintiff bought residence from company which had acquired titled, by agreement, from Defendant homeowners. Relocation company had homeowners complete Residential Real Property Disclosure Form, which company provided to buyer prior to purchase. Buyer sued Defendants in small claims court, alleging they falsely represented on form that they were unaware of flooding or recurring leakage problems or water problems. Residential Real Property Disclosure Act does not exempt persons who have resided in the home and who are in position to provide prospective buyers with actual notice of known defects. Section 15(7) of Act precludes liability for entity that never resided in or had management responsibilities for home and took title solely to assist with seller's relocation.(LYTTON and HOLDRIDGE, concurring.)

Bank of America, N.A. v. Basile

Bank of America, N.A. v. Basile
Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (3d) 130204
Decision Date: 
Tuesday, May 20, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
(Supplemental opinion entered 10/27/14.) Court entered judgment of foreclosure and sale in favor of bank. There were no affirmative defenses before court at time of summary judgment hearing. Court properly denied Defendants' motion to file amended answer and affirmative defenses after summary judgment was entered. Rescission is an affirmative defense which must be specifically pleaded. All claims for rescission are extinguished three years after consummation of transaction or upon sale of property, whichever occurs first, per Section 1635(f) of Truth in Lending Act. Appellate court imposed sanctions sua sponte per Supreme Court Rule 375. Defendants and their law firm each sanctioned $5,000 in attorney's fees and $1,752 in costs, for frivolous appeal, as Defendants attempted to relitigate merits of issues previously raised.(O'BRIEN and SCHMIDT, concurring.)

In re Application of the County Treasurer

In re Application of the County Treasurer
Illinois Appellate Court
Civil Court
Property Tax
Citation
Case Number: 
2014 IL App (2d) 130995
Decision Date: 
Monday, June 30, 2014
District: 
2d Dist.
Division/County: 
Boone Co.
Holding: 
Reversed and remanded with directions.
Justice: 
SCHOSTOK
(Court opinion corrected 10/22/14.) Court improperly struck Respondent property owner's redemption under protest, as Petitioner, who filed petition for tax deed as to Respondent's property, failed to comply with notice provisions of Property Tax Code in attempting to obtain a tax deed. Although Petitioner purportedly extended redemption period, it did not have any interest in property at the time, and thus the extension it filed was a nullity and did not extend redemption period. Because Petitioner did not strictly comply with Section 22-10 of Property Tax Code, Petitioner was not entitled to a tax deed, which was proper basis to sustain Respondent's protest.(BURKE and BIRKETT, concurring.)

When Home Is Not So Sweet: Suing for Defective Residences

By James W. Springer
November
2014
Article
, Page 546
What options are available to someone who buys a defective home? Here's an overview of various Illinois statutes and common law causes of action for disappointed home buyers.

1010 Lake Shore Association v. Deutsche Bank National Trust Company

1010 Lake Shore Association v. Deutsche Bank National Trust Company
Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2014 IL App (1st) 130962
Decision Date: 
Tuesday, August 12, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
SIMON
(Modified upon denial of rehearing 10/7/14.) Court entered summary judgment for condo association and against Bank which purchased condo unit at judicial sale, and ordered Bank to pay outstanding balance of assessments due, including assessments incurred prior to Bank's purchase of condo unit, and late fees. A lien created under Section 9(g)(1) of Condominium Property Act for unpaid assessments by a previous owner is not fully extinguished after judicial foreclosure and sale until purchaser pays assessments incurred after the sale, to confirm extinguishment of that lien. (PIERCE, concurring; LIU, dissenting.)