Real Estate Law

Aurora Loan Services v. Pajor

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2012 IL App (2d) 110899
Decision Date: 
Monday, July 16, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK
Court entered judgment of order of possession in favor of mortgage assignee in mortgage foreclosure action. Diligence requirement does not apply to Section 2-1401 petition to vacate which is derived from bills of review, which involve errors of law. Flawless notice of grace period is not a condition precedent to foreclosure judgment; thus, assignee's premature sending of notice did not compel dismissal of foreclosure action. (BOWMAN and HUDSON, concurring.)

Public Act 97-812

Topic: 
Property Tax Code
(Tyron, R-Crystal Lake; Althoff, R-Crystal Lake) requires that complaints must be filed on or before 30 calendar days after the date of publication of the assessment list. Under current law those complaints must be filed on or before the 10th day of August in counties with less than 150,000 inhabitants and on or before the 10th day of September in counties with 150,000 or more but less than three million inhabitants). Effective July 13, 2012.

United Community Bank v. Prairie State Bank & Trust

Illinois Appellate Court
Civil Court
Liens
Citation
Case Number: 
2012 IL App (4th) 110973
Decision Date: 
Wednesday, July 11, 2012
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
APPLETON
Illinois Supreme Court's prior holding that resulting trusts are not within the recording law is inapplicable to equitable conversion, which is not created by implication or operation of law apart from any contract, but results from executory contract for sale of land. Title insurance company's failure to discovery Plaintiff bank's judgment lien does not defeat Defendant bank's right of equitable subrogation. By law, plaintiff bank has priority over Defendant bank to extent of amount of loan proceeds used to discharge construction mortgage, which was the senior encumbrance. (STEIGMANN and COOK, concurring.)

Wells Fargo Bank v. Watson

Illinois Appellate Court
Civil Court
Forcible Entry & Detainer
Citation
Case Number: 
2012 IL App (3d) 110930
Decision Date: 
Monday, July 9, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER
Court properly granted Plaintiff Bank's motion for summary judgment in forcible entry and detainer action for possession of single-family residence, against Defendant, who sold residence to his cousin but continued to reside there after foreclosure judgment was entered and cousin was evicted. Matters asserted by Defendant, such as that judgment was not dated or signed, were not germane to issue of possession but were collateral attack on foreclosure judgment. (SCHMIDT and HOLDRIDGE, concurring.)

Senate Bill 3572

Topic: 
Common Interest Community Association Act
(Haine, D-Alton; Cross, R-Oswego) makes a number of changes to this Act including the following. (1) Prohibits an action to incorporate a common interest community as a municipality until two-thirds of the members sign an incorporation document. (2) Requires elections to the board must be held at least once every 24 months, eliminates voting by proxy, and prohibits a term of office as a board member or officer for more than four years. (3) If the total common expenses exceed the budget, the board must disclose this variance to all members and identify subsequent assessments that will be made to offset this in future budgets. (4) Assessments for additions and alterations to common areas or to association-owned property not in the annual budget must be separately assessed and are subject to approval of a simple majority (instead of two-thirds) of the total members at a meeting called for that purpose. Passed both chambers; effective immediately if the Governor signs it.

Senate Bill 3202

Topic: 
Community association fees
(Maloney, D-Chicago; Thapedi, D-Chicago) amends the Community Association Manager Licensing and Disciplinary Act. It requires all community associations pay to the Department of Financial and Professional Regulation an annual fee of $50 plus an additional $1 per unit not to exceed an annual fee of $1,000 if they (1) have 10 or more units, (2) retain an individual to provide services as a community association manager for compensation, (3) are not master associations, or (4) are registered in the State as a not-for-profit corporation. Passed both chambers; effective immediately if the Governor signs it.

Sewickley v. Chicago Title Land Trust Company

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2012 IL App (1st) 112977
Decision Date: 
Tuesday, June 26, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
QUINN
Court properly confirmed judicial sale of commercial real estate (restaurant), after default judgment in excess of $824,000 against all Defendants, and after Defendants failed to raise objections at hearing to confirm sale. Defendants had ample time to object to purchase price of $300,000, the sole and highest bid; price was never shown grossly inadequate through any admissible evidence. Inadequacy of sales price alone is insufficient basis for court to not confirm a judicial sale, and Defendants failed to present evidence as to why judicial sale should not be approved. (CUNNINGHAM and CONNORS, concurring.)

House Bill 5314

Topic: 
Security deposit and email
(Barickman, R-Pontiac; LaHood, R-Dunlap) amends the Security Deposit Return Act to allow a lessor of five or more units to send an itemized statement of damage and repair costs to the lessee by electronic mail to a verified electronic mail address provided by the lessee. Passed both chambers.