Section Newsletters

Articles on Real Property

Presumptively Void Transfers to caregivers – A bit of mercy please? By Paul Peterson Real Estate Law, January 2018 Compared to the existing financial elder abuse sections in the Probate Act, the Transfer Article has the assumption of guilty until proven innocent, more stringent burdens of proof, stricter punishments and no possibility of judicial leniency. This article asks that the burden of proof be amended, that judges be allowed to void just the transfer to the caregiver where appropriate and be given the same discretion to mitigate the loss of the entire transfer as is given in the other sections dealing with financial elder abuse in the Probate Act.
Real Property Disclosure Reports: Avoiding unnecessary legal risks By Dan Huntley Real Estate Law, January 2018 Attorneys representing either side of a residential property transaction should be mindful of the liabilities imposed by needlessly completing a Real Property Disclosure Report and should work to minimize risks to all involved.
1 comment (Most recent January 14, 2018)
Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka Trusts and Estates, December 2017 Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Reprint of our very first issue Real Estate Law, December 2017 Provided for your enjoyment: This section's very first newsletter, from 62 years ago.
Who really regulates attorneys in Illinois? By Ralph J. Schumann Real Estate Law, December 2017 In April, 2017, the Illinois Department of Financial and Professional Regulation initiated prosecutions of two Illinois attorneys for alleged violation of the Real Estate Appraisal Licensing Act of 2002. But far from purporting to act as appraisers, or engaging in the development of appraisals, however, the attorneys were engaging in the practice of law.
100th General Assembly grants property tax relief by increasing some exemptions By John K. Norris State and Local Taxation, November 2017 With all the political maneuvering and last-minute changes involving the Illinois budget crisis and school funding provisions, one bill was quietly signed into law by Governor Rauner on August 25, 2017 that impacts homeowners: Senate Bill 473, now known as Public Act 100-0401.
Bankrupt widows and widowers beware: In re Jaffe, is out there By David A. Zulkey Real Estate Law, November 2017 This case ultimately holds that death of a spouse terminates any interest held in a tenancy-by-the-entirety and, therefore, prohibits that interest in said property from being exempt from collection by a creditor under the Bankruptcy Code and Illinois law.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Real Estate Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
1 comment (Most recent November 8, 2017)
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Family Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, October 2017 Consider writing for this newsletter.
Condominium property subject to easements? YES! A review of Madden v. Scott, 2017 IL App (1st) 162149, (1st Dist. 2017) By Ellis B. Levin Real Estate Law, October 2017 The decision in Madden is another step in the long history of expanding Illinois easement holder rights.
Non-compliance with city ordinance is a viable defense to a forcible entry and detainer action By Adrian Zeno Real Estate Law, October 2017 On March 31, 2017, the 1st District Illinois Appellate Court ruled on whether an owner’s non-compliance with Chicago's “Protecting Tenants in Foreclosure Rental Property Ordinance” is a viable defense to a forcible entry and detainer action.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, September 2017 Consider writing for this newsletter.
Regulatory taking: A review of Murr v. Wisconsin By Barbara Starke Tishuk Real Estate Law, September 2017 In June 2017, the United States Supreme Court established a new—and potentially unwieldy—test for defining the unit of property subject to an alleged regulatory taking.
To record or not to record, that is the question By John C. Robison, Jr. Real Estate Law, September 2017 Author John C. Robison Jr. recently submitted mineral deeds, both lacking acknowledgments, to recorders in two separate counties. Both recorders rejected the deeds for recording because they lacked an acknowledgment.
1 comment (Most recent September 14, 2017)
Recent SCOTUS opinion raises hope for municipalities struggling to recover from effects of predatory lending practices of banks—And perhaps for their residents as well By Sharon L. Eiseman Real Estate Law, August 2017 Author Sharon Eiseman was in the courtroom when the U.S. Supreme Court released its opinion in Bank of America Corp. et. al. v. City of Miami, Florida.
Title insurance fees O.K. By Philip J. Vacco Real Estate Law, August 2017 A closer look at the appellate court’s rationale behind its decision in Chultem v. Ticor Title Ins. Co.
Agency, Powers of Attorney, co-agency and strict construction By Michael J. Maslanka Real Estate Law, July 2017 Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
1 comment (Most recent July 18, 2017)
Keep litigious proclivities out of real estate transactions By Colleen L. Sahlas Real Estate Law, July 2017 A litigator’s strategies may be effective in litigation, but in a residential real estate deal they can backfire, be destructive, and even jeopardize your client’s contractual rights.
Book review: Getting Started as a Real Estate Attorney, by Joseph R. Fortunato By Leonard F. Amari Young Lawyers Division, June 2017 This 130-page volume contains “everything-one-could-possibly-want-to-know” about practicing in the real estate transaction field, written by a recognized authority.
Include trustee’s acceptance language in an instrument conveying real property out of a land trust into a living trust By Colleen L. Sahlas Trusts and Estates, June 2017 When conveying real property out of a land trust to a living trust, don’t rely on the land trust company to prepare an instrument of conveyance that includes a written acceptance by the trustee of a trust to fulfill the new Illinois Statute at 760 ILCS 5/6.5(a).
Real estate tax exemptions in Illinois: A primer By Leonard F. Amari & Vesna Marusic Senior Lawyers, June 2017 Understanding the basics of real estate tax exemptions in Illinois.
1 comment (Most recent June 6, 2017)
Should Illinois real estate brokers “freak out” about Horiike v. Coldwell Banker Residential Brokerage Company et al.? (Is it a dual agency case, a disclosure case or a little bit of both?) By Betsy Urbance Real Estate Law, June 2017 Short answer: No. Read this article to understand the author's reasons.
1 comment (Most recent July 12, 2017)
Avoiding liabilities when working alongside real estate agents By Colleen L. Sahlas Real Estate Law, May 2017 Working relationships between attorneys and agents in real estate can often be positive and valuable. But it’s critical to understand and address the roles between agents and attorneys, define the boundaries, and be wary of potential liabilities that could result from working alongside them.
1 comment (Most recent May 17, 2017)
The costs of condominium documents and disclosures in condo sales By Adam B. Whiteman Real Estate Law, May 2017 There is growing concern among real estate practitioners that management companies view these charges as a gravy train in that most of the information being provided is completely automated. In light of this automated method of delivery, is a $300-$500 fee really “reasonable”?
Drones, federal and Illinois law, surveillance and the Fourth Amendment –Ad coelom et ad inferos? By Elizabeth Austermuehle Real Estate Law, April 2017 This article examines the intersection of property owners’ rights and drone operators’ rights, and highlights some of the wide ranging societal repercussions that may result from increased commercial and governmental drone usage in the coming years.
A tip to ingratiate yourself with real estate purchasing clients By Michael J. Maslanka Real Estate Law, April 2017 In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Ownership of mineral interest: How to avoid probate, taxes and loss of rights By David M. Foreman & George C. Lackey Mineral Law, March 2017 The use of a mineral trust can avoid the issue of multiple ancillary probates in the states where the mineral interests are located.
Your tenant just exercised its option to purchase – where did your cash flow go until closing? By Timothy J. Hammersmith Real Estate Law, March 2017 If you own commercial real estate and your tenant has an option to purchase the leasehold premises as part of the lease, overlooking a few important details in drafting the option provisions can be costly.
Do good fences make good neighbors? By Joel L. Chupack Real Estate Law, February 2017 What does a good neighbor do if they want a fence, but there is a recorded restriction that states “NO FENCE OF ANY KIND SHALL BE COMMENCED, ERECTED OR MAINTAINED IN SAID SUBDIVISION ON ANY RESIDENTIAL LOT”?

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