Section Newsletters

Articles From Richard F. Bales

Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part II By Richard F. Bales Real Estate Law, April 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part I By Richard F. Bales Real Estate Law, March 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part II By Richard F. Bales Trusts and Estates, March 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Public Act 102-0068: New Changes to the Real Property Transfer on Death Instrument Act (755 ILCS 27/1 et seq.)—Part I By Richard F. Bales Trusts and Estates, February 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.
Liens, Tenancies, and Death By Richard F. Bales Trusts and Estates, March 2021 The interaction between liens, tenancy, and death has different effects on real estate, depending on the type of lien, tenancy, and ownership.
Insuring Title Free and Clear of All Liens: In re Estate of LaPlume, 2014 IL App (2d) 130945, 24 N.E.3d 792 By Richard F. Bales Trusts and Estates, October 2019 In re Estate of LaPlume introduces the real estate and estate administration community to a new concept—that a probate court can authorize the sale of land free and clear of all liens, just like a bankruptcy court.
Liens, tenancies, and death By Richard F. Bales Real Estate Law, September 2018 The interaction between liens, tenancy, and death has different effects on real estate, depending on the type of lien, tenancy, and ownership.
Public Act 99-743: Deeds in Trust and Acceptance by the Trustee By Richard F. Bales Trusts and Estates, August 2017 A look at the Trusts and Trustees Act's new Section 6.5, "Transfer of Property to Trust."
A guide to Illinois authority documents By Richard F. Bales Real Estate Law, May 2014 A reference guide to the so-called “authority documents’—the various documentation that a title company examiner or closer needs to review in order to underwrite the conveyance or mortgage of Illinois land by entities as common as corporations and as unusual as unincorporated associations.
3 comments (Most recent May 4, 2014)
A guide to repairing broken condominiums By Richard F. Bales Real Estate Law, July 2012 An overview of Sections 16, 15, and 14.5 of the Condominium Property Act, which can be very effective in rescuing troubled condominium projects.
The 2011 ALTA/ACSM Land Title Survey Standards By Richard F. Bales Real Estate Law, December 2011 The 2011 ALTA/ACSM land title survey standards are the culmination of two years of work by a committee made up of land surveyors, attorneys who represent lenders, and title company attorneys.
The Civil Union Act and the execution and preparation of real estate documents By Richard F. Bales Real Estate Law, September 2011 The Civil Union Act brings many new challenges to real estate practitioners. For example: How should parties to a civil union be described in deeds and other documents? How should the issue of homestead be addressed in these documents? Can parties to a civil union own their home as tenants by the entirety, and if so, how should they be described in the deed?
Condominium assessments and mortgage foreclosure: A study of 765 ILCS 605/9(g) By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, September 2011 An analysis of the Condominium Property Act.
Condominium Assessments and Mortgage Foreclosure: A Study of 765 ILCS 605/9(g) By Richard F. Bales Real Estate Law, July 2011 A discussion and analysis of the ambiguous wording of the Condominium Property Act.
1 comment (Most recent July 27, 2011)
Viewing an encroachment problem through the dual lens of the real estate contract and the 2006 ALTA owner’s title insurance policy By Richard F. Bales Real Estate Law, June 2011 The title company failed to show a six-inch encroachment of a neighboring single family residence onto the property in question when it issued its owner’s policy in 2008. Three years later, it is now being asked to insure the property again. How should the title company address this encroachment problem?
ABN AMRO Mortgage Group, Inc. v. Nona L. McGahan, 2010 Ill. LEXIS 959, 2010 WL 2222126 (June 4, 2010) By Richard F. Bales Real Estate Law, December 2010 This recent case requires that a lender must have a personal representative appointed when it discovers that the mortgagor against whom it is foreclosing is deceased.
1 comment (Most recent December 16, 2010)
Quarries, lakes and riparian rights: The 2nd District applies the “artificial-becomes-natural” rule By Richard F. Bales Agricultural Law, August 2010 The Second District recently decided the case of Bohne v. LaSalle National Bank, which questioned whether the adjoining landowners of a water-filled, former limestone quarry had the right to the reasonable use of its surface waters.
Alderson v. Fatlan: The Illinois Supreme Court’s riparian rights case By Richard F. Bales Agricultural Law, July 2010 The issue here is whether the civil law rule as set forth in Beacham v. Lake Zurich Property Owners Ass’n should be extended to a man-made lake.
On the waterfront: An Illinois water law trilogy By Richard F. Bales Agricultural Law, June 2010 An overview of Illinois case law and water-related statutes.
Quarries, lakes and riparian rights: The 2nd District applies the “artificial-becomes-natural” rule By Richard F. Bales Real Estate Law, May 2010 The Second District has just decided the case of Bohne v. LaSalle National Bank, which questioned whether the adjoining landowners of a water-filled, former limestone quarry had the right to the reasonable use of its surface waters.
Alderson v. Fatlan: The Illinois Supreme Court’s riparian rights case By Richard F. Bales Real Estate Law, February 2009 An analysis of the Alderson v. Fatlan case, in light of the Illinois Supreme Court's recent opinion.
Random thoughts on tenancy by the entirety By Richard F. Bales Real Estate Law, July 2008 Attorneys who represent home owners in mortgage foreclosure proceedings will routinely parse their clients’ real estate documentation, looking for defects or issues that they can use for their advantage. It seems clear that tenancy by the entirety might be a new (and potentially lethal) weapon in the arsenals of these attorneys.
On the Waterfront: An Illinois Water Law Trilogy By Richard F. Bales Real Estate Law, May 2008 Illinois has had a number of significant “water law” cases in recent years.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, March 2008 An update to the author's original article that appeared in the February 2005 issue of Real Property.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Agricultural Law, November 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Real Estate Law, August 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
The ALTA 2006 title insurance policies and the issuance of survey coverage By Richard F. Bales Real Estate Law, December 2006 The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Unresolved issues concerning tenancy by the entirety By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, April 2005 A look at potential landmines.
Unresolved issues concerning tenancy by the entirety By Richard F. Bales Real Estate Law, February 2005 Since 1990 married couples have had the option of owning their marital home as tenants by the entirety (735 ILCS 5/12-112; 750 ILCS 65/22; 765 ILCS 1005/1c).
Covenants, conditions and restrictions: a trend of enforcement By Richard F. Bales Real Estate Law, December 2004 Fifteen years ago, title insurance maven Ron Otto wrote an article for the Real Property newsletter (October 1989 issue) entitled "Covenants, Conditions and Restrictions: A Trend of Enforcement Denial." The article was a review of Illinois case law as to when a court will deny the enforcement of covenants, conditions and restrictions (hereafter CC&Rs).

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