Real Estate Law

Kalkman v. Nedved

Kalkman v. Nedved
Illinois Appellate Court
Civil Court
Real Estate
Citation
Case Number: 
2013 IL App (3d) 120800
Decision Date: 
Friday, June 14, 2013
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Reversed and remanded with directions.
Justice: 
McDADE
(Court opinion corrected 6/25/13.) Sellers of lakefront home stated, on their mandatory Disclosure Report, that they were not aware of any material defects with walls or floors. After purchase, buyers discovered numerous material defects in leaking windows, patio doors, and garage door. Obligation to disclose material defects in "walls" of home does not also require a seller to disclose material defects in windows or doors. Residential Real Property Disclosure Act is not intended to mandate disclosure of all potential material defects, but only those 23 items listed as conditions or material defects, and Act must be strictly construed. (WRIGHT, concurring; LYTTON, specially concurring.)

Hoch v. Boehme

Hoch v. Boehme
Illinois Appellate Court
Civil Court
Quiet Title
Citation
Case Number: 
2013 IL App (2d) 120664
Decision Date: 
Thursday, May 9, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Reversed and remanded with directions.
Justice: 
BIRKETT
Plaintiffs filed complaint to quiet title to parcel of land; Defendants counterclaimed for decree quieting title in their favor. Court erred in quieting title in favor of Plaintiffs following bench trial. Clear-and-convincing is proper standard of proof under Section 13-110 of Limitations Act. Although Plaintiffs never took possession of parcel, it was because possession was not practicable as land was not "vacant and unoccupied" As Plaintiffs received no interest in parcel from chain of title, they have no title and thus they cannot quiet title. Thus, as Defendants demonstrated superior title, court should have quieted title in their favor. (BURKE and McLAREN, concurring.)

Aurora Loan Services, LLC v. Kmieck

Aurora Loan Services, LLC v. Kmieck
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2013 IL App (1st) 121700
Decision Date: 
Friday, June 7, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
In mortgage foreclosure action, after Defendant filed untimely answer, court entered order of default and judgment of foreclosure. Court entered order approving sale and distribution of property. Defendant failed to comply with Section 2-301(a) of Code of Civil Procedure when he filed his answer, and thereby waived all objections to court's jurisdiction.Subsidiary of bank is exempt from requirements of Collection Agency Act. (HOWSE and PALMER, concurring.)

Senate Bill 56

Topic: 
Mortgage Foreclosure Article
(Collins, D-Chicago; Cassidy, D-Chicago) does three things. (1) Defines a “bona fide tenant” substantially consistent with the 2009 federal Protecting Tenants at Foreclosure Act. (2) Requires a petitioner to wait 90 days (unless the lease term is longer than 90 days) before a forcible entry and detainer action may be used to terminate the possessory rights of a bona fide tenant in residential real estate. Orders of possession issued in the foreclosure proceeding will continue to be entered against the mortgagor. (3) Addresses the deficiency issue in the 2010 McGahan case as to what procedure the mortgagee must follow if a mortgagor dies. If the survivor holds a 100% interest in the property because the survivor is the deceased mortgagor’s surviving joint tenant or surviving tenant by the entirety, a special representative for the deceased mortgagor need not be appointed. Passed both chambers.
View Full Text of Legislation

House Bill 1203

Topic: 
Counties Code and legal descriptions
(Sosnowski, R-Rockford; Althoff, R-McHenry) deletes the requirement that the required notice for a text or map amendment to include a metes and bounds legal description of the property affected as long as the notice does include the common street address or addresses and property index number (“PIN”) of all the parcels of real property contained in the affected area. Passed both chambers.
View Full Text of Legislation

Senate Bill 56

Topic: 
Mortgage Foreclosure Article
(Collins, D-Chicago; Cassidy, D-Chicago) does three things. (1) Defines a “bona fide tenant” substantially consistent with the 2009 federal Protecting Tenants at Foreclosure Act. (2) Requires a petitioner to wait 90 days (unless the lease term is longer than 90 days) before a forcible entry and detainer action may be used to terminate the possessory rights of a bona fide tenant in residential real estate. Orders of possession issued in the foreclosure proceeding will continue to be entered against the mortgagor. (3) Addresses the deficiency issue in the 2010 McGahan case as to what procedure the mortgagee must follow if a mortgagor dies. If the survivor holds a 100% interest in the property because the survivor is the deceased mortgagor’s surviving joint tenant or surviving tenant by the entirety, a special representative for the deceased mortgagor need not be appointed. Passed both chambers.
View Full Text of Legislation

Hahn v. The County of Kane

Hahn v. The County of Kane
Illinois Appellate Court
Civil Court
Easements
Citation
Case Number: 
2013 IL App (2d) 120660
Decision Date: 
Friday, May 31, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court properly found that City and auto dealership company which expanded storm water detention facility proved their affirmative defenses of estoppel. Attorney for trust, which owned land where easement for storm water detention facility was located, knew of intended use for facility yet remained silent as to owner's purported objection to use, and City and company relied on silence to their detriment. (BURKE and BIRKETT, concurring.)

Menard, Inc. v. 1945 Cornell, LLC

Menard, Inc. v. 1945 Cornell, LLC
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2013 IL App (1st) 121422
Decision Date: 
Tuesday, May 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN
Court granted supplemental order of possession against tenants of foreclosured commercial property. Tenant is not required to be named as a party in initial foreclosure action, and properly recorded notice of foreclosure is constructive notice of pendency of foreclosure to persons with interest or lien. Service of supplemental petition on tenant constitutes written demand for possession. (CUNNINGHAM and DELORT, concurring.)

Forcing Lenders to Comply with the Home Affordable Modification Program

By Andrew J. Hawes
June
2013
Article
, Page 308
The seventh circuit rules that borrowers can sue lenders for state law breach of contract and other claims related to a trial period plan payment agreement.

Ripsch v. Goose Lake Association

Ripsch v. Goose Lake Association
Illinois Appellate Court
Civil Court
Declaratory Actions
Citation
Case Number: 
2013 IL App (3d) 120319
Decision Date: 
Tuesday, May 14, 2013
District: 
3d Dist.
Division/County: 
Grundy Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE
A homeowners association has implied or inherent authority to regulate use of common areas, through making and enforcing reasonable rules, even where recorded covenants do not expressly grant the authority to regulate common areas. (McDADE and SCHMIDT, concurring.)