Real Estate Law

(Walker, D-Arlington Heights; Kotowski, D-Park Ridge) gives a mortgagor-defendant the right to request a 90-day stay in foreclosure proceedings if it is determined that he or she was deployed to a combat or combat support posting with the United States armed forces. The court is required to grant this stay. This is in addition to any other rights the veteran may use. Effective Jan. 1, 2011.

(Zalewski, D-Chicago; Harmon, D-Oak Park) makes a change to Cook County eviction actions at the request of Sheriff Tom Dart. It requires that the complaint contain the following information (to the extent the plaintiff knows): (1) The name of each known occupant for the premises, along with each known occupant's date of birth. (2) If the actual date of birth is unknown, whether a known occupant is known to be under the age of 18 or more than 65 years old. (3) Whether a known occupant has a disability but only to the extent that he occupant has self-reported the disability to the plaintiff. But the failure to provide this information does not affect the validity or the legal effect of any complaint or of any order or judgment entered in the action. Exempts public-housing programs. It is on third reading in the Senate.

(Wilhelmi, D-Joliet; Fritchey, D-Chicago) creates the Transfer Fee Covenant Act that declares that transfer fee covenants violate the public policy of favoring the transferability of real property free of unreasonable restraints. A transfer fee is something every future buyer pays to the developer for the developer's initial efforts. The Realtors promoted this bill to ensure that this fee didn't start appearing in Illinois real estate transactions as it has elsewhere. Makes it void for a transfer fee covenant or a lien to secure the payment of a transfer fee that is recorded after the effective date and does not run with the title to the real property. Provides that it cannot be presumed that the provisions of this Act mean that a transfer fee covenant or lien recorded before the effective date is valid and enforceable. Passed both chambers.

(Wilhelmi, D-Joliet; Schmitz, R-Batavia) creates a comprehensive statute governing real estate other than a condominium or cooperative in which the owners are obliged to pay for common areas that is administrated by an association. It also creates the Service Member Residential Property Act to govern termination of leases and other related issues if the lessee goes on active duty military service for not less than 180 days. Passed both chambers.

(Wilhelmi, D-Joliet; Thapedi, D-Chicago) gives the consumer a private remedy under the Consumer Fraud and Deceptive Business Practices Act. It repeals current language in the HRRA in which any failure to abide by the Act is unlawful. Passed both chambers.