Real Estate Law

Courts of Northbrook Condominium Ass'n v. Bhutani

Courts of Northbrook Condominium Ass'n v. Bhutani
Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2014 IL App (1st) 130417
Decision Date: 
Friday, March 14, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Court opinion corrected 3/17/14.) Condo association filed eviction action against townhouse co-owners, and court entered default judgment upon failure to appear. Court granted defendants' pro se motion to vacate, but did not quash service. Forcible Entry and Detainer Act does not require that a defendant actually receive a 30-day notice to effectuate proper service. Even if a defendant does not claim a certified mailing, Plaintiff followed the procedures of the Act in mailing notices by certified mail to defendant at last known address, and court was conferred subject matter jurisdiction. Service was proper, as summons was left at Defendant's usual place of abode with a family member residing there, over age 12. Claims of breach of fiduciary duty by Plaintiff are outside scope of Act. (McBRIDE and PALMER, concurring.)

Senate Bill 3499

Topic: 
Unauthorized practice of law
(Althoff, D-Crystal Lake) amends the Property Tax Code to allow the following persons to represent tax payers before boards of review in counties less than three million: (i) the person has been granted power of attorney by the taxpayer for the specific purpose of an appeal before the board of review; and (ii) meets at least one of the following qualifications: (1) the person is an attorney licensed to practice law in the State of Illinois; (2) the person is a Certified Public Accountant; (3) the person is a licensed Illinois real estate agent; (4) the person possesses a Certified Illinois Assessing Officer certificate from the Illinois Property Assessment Institute; (5) the person possesses a Certified Assessment Evaluator designation from the International Association of Assessing Officers; or (6) the person has obtained Certification as a Member of the Appraisal Institute, Senior Real Estate Analyst, or Senior Real Property Appraiser from the Appraisal Institute or its predecessor organization. Scheduled for a hearing today in Senate Judiciary Committee.
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527 S. Clinton, LLC v. Westloop Equities, LLC

527 S. Clinton, LLC v. Westloop Equities, LLC
Illinois Appellate Court
Civil Court
Easements
Citation
Case Number: 
2014 IL App (1st) 131401
Decision Date: 
Monday, March 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
HOFFMAN
Plaintiff sought judicial declarations that its proposed development of multi-story commercial and residential building would not violate easement held by Defendant. Easement provided that it would remain in force so long as property is continously operated as a hotel. Hotel closed for a decade due to bankruptcy, but then Defendant purchased it, refurbished and reopened the hotel. Language of agreement provided for termination upon non-temporary business interruption, and thus no action by any party was required to effectuate termination of easement. Hotel closure for 10 years was not a "temporary interruption", and automatic stay provision of Bankruptcy Code did not apply. Evidence presented factual issues whether development plan was a substantial change, and thus summary judgment should not have been granted. (CONNORS and CUNNINGHAM, concurring.)

Messerly v. Boehmke

Messerly v. Boehmke
Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2014 IL App (4th) 130397
Decision Date: 
Tuesday, March 11, 2014
District: 
4th Dist.
Division/County: 
Macoupin Co.
Holding: 
Reversed.
Justice: 
KNECHT
Purchasers sued sellers alleging violation of Residential Real Property Disclosure Act in failing to disclose material defects in home's foundation and plumbing system. Buyers did not waive their right to recovery based on their acceptance of an incomplete Disclosure form from sellers. Buyers presented evidence raising question of fact as to seller's knowledge at closing of a material defect in plumbing system, and as to foundation defects.(TURNER and STEIGMANN, concurring.)

The Illinois Department of Transportation v. Raphael

The Illinois Department of Transportation v. Raphael
Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130029
Decision Date: 
Wednesday, February 19, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
McLAREN
(Summary corrected.) In condemnation proceeding, court properly barred testimony of landowner's appraiser, as his valuation method was improper, because it misrepresented the value of the specific land portion to be taken. Appraiser assigned uniform square-foot value to entire property, although part taken was a 10-foot-strip with only parts of lawn and driveway, but land also included single-family home. Trial court should have barred testimony of IDOT's appraiser, as appraiser failed to consider contributory value of improvements within the remainder, including house, when valuing the part taken.(HUTCHINSON and SPENCE, concurring.)

House Bill 5453

Topic: 
Increased court fees
(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.
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Chicago Title Insurance Company v. The Teachers' Retirement System of the State of Illinois

Chicago Title Insurance Company v. The Teachers' Retirement System of the State of Illinois
Illinois Appellate Court
Civil Court
Unjust Enrichment
Citation
Case Number: 
2014 IL App (1st) 131452
Decision Date: 
Tuesday, February 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
DELORT
Court properly dismissed real estate buyer's suit to attempt to rescue property from loss at tax sale. Unjust enrichment is not available remedy as a written contract governed payment of taxes, and declaratory judgment claim cannot stand as contract absolved seller of responsibility for expenses related to delinquent property taxes.(HOFFMAN and CUNNINGHAM, concurring.)

Long Odds: Commercial Mortgagors Fighting to Keep Their Property During Foreclosure Have Few Options

By Tracy Steindel Ickes
March
2014
Article
, Page 144
Illinois law presumes lenders are entitled to possession of commercial property during foreclosure, and defendant-mortgagors aren't likely to overcome that presumption.

Stump v. Swanson Development Company

Stump v. Swanson Development Company
Illinois Appellate Court
Civil Court
Liens
Citation
Case Number: 
2014 IL App (3d) 110784
Decision Date: 
Monday, February 10, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed and remanded.
Justice: 
McDADE
Concept of inquiry notice does not apply to equitable vendor's liens. The only time, if at all, that a purchaser of a property interest who is a stranger to original transaction can be burdened with original vendee's equitable obligation for unpaid purchase price is when subsequent purchaser or mortgagee for value has actual knowledge about prior purchase to render his own purchase or mortgage tantamount to fraud.(LYTTON and SCHMIDT, concurring.)