Real Estate Law

The New, Improved Home Repair and Remodeling Act

By Adam B. Whiteman
September
2010
Article
, Page 462
ISBA-inspired changes specify that a homeowner's remedy for an HRRA violation is to sue under the Consumer Fraud and Deceptive Business Practices Act.

The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures

By Kevin M. Hudspeth
October
2010
Article
, Page 520
Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?

Foreclosure and Divorce - Borrower’s Rights in the Face of Two “Wrongs”

By Joseph R. Fortunato & Steven B. Bashaw
October
2010
Column
, Page 544
Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?

The New Chicago Condominium Conversion Ordinance

By Joseph Fortunato
July
2011
Column
, Page 366
It protects renters whose apartments are being converted and buyers of the new condos.

Unpaid Condominium Assessments - Who’s on the Hook?

By Joseph R. Fortunato
April
2011
Column
, Page 208
To what extent are purchasers of a condominium unit at a foreclosure sale liable to an association for unpaid assessments?

Senate Bill 1804

Topic: 
Deed restrictions and special-service areas
(Althoff, R-Crystal Lake; Mautino, D-Spring Valley) prohibits a deed restriction, restrictive covenant, or similar provision from waiving or restricting the statutory rights to notice of a public hearing or the right to object, oppose, or challenge (1) the creation of a special-service area; (2) the levy of any tax of a special-service area; or (3) the issuance of bonds of a special service area. Passed both chambers.

House Bill 3102

Topic: 
Notices and PIN numbers
(Tryon, R-Crystal Lake; Althoff, R-Crystal Lake) removes the Municipal Code requirement for a metes and bounds legal description in a notice concerning annexation, special uses, variations, or specified zoning hearings if the notice includes: (1) the common street address or addresses; and (2) the PIN number or numbers of all the parcels of real property contained in the affected area. Passed both chambers.

House Bill 1574

Topic: 
Foreclosure sales and security deposits
(Hernandez, D-Cicero; Collins, D-Chicago) requires the mortgagor must transfer to the purchaser any security deposit and accrued interest paid by a current occupant if the mortgaged real estate contains five or more dwelling units. Requires that the purchaser must post a notice that informs the occupant of the security deposit at each dwelling unit for which the purchaser has a security deposit within 21 days after the purchaser’s receipt of the security deposits. Passed both chambers.

House Bill 1233

Topic: 
Cook County landlord and tenants
(Mayfield, D-Chicago; Jones, D-Chicago) requires landlords to “change or rekey” locks of rental property after a renter moves out if the new renter has a written lease agreement. If the landlord doesn’t do this, the landlord is liable for any damages for theft that occur. It exempts (1) apartment buildings with four units or less if the owner occupies one of the units or (2) the rented room is in a private home also occupied by the owner. Passed both chambers.

Why Commercial Landlords Should Stop Worrying and Learn to Love Arbitration

By Shorge Sato
March
2011
Article
, Page 144
The Illinois Supreme Court's Carter decision holds that arbitration provisions can trump the statutory right to a jury trial contained in the Forcible Entry and Detainer Act, this author argues.