2020 Articles

Notice December 2020 A notice regarding Cook County real property taxes for 2020.

1 comment (Most recent December 17, 2020)

Notice November 2020 A notice regarding mortgage foreclosure filings.

An Overriding Royalty Interest Is an Interest in Real Property By John C. Robison, Jr. March 2020 An overriding royalty interest in an Illinois oil and gas lease is an interest in real property.

Potential Real Estate Concerns Under the New Illinois Trust Code By Paul Peterson March 2020 Article 5 of the new Illinois Trust Code poses several issues that deserve consideration.

Practice Tip December 2020 A practice tip for real estate and estate planning attorneys who use non-statutory power of attorney forms.

Practice Tip November 2020 A practice tip for a breach of contract in a real estate case.

Practice Tip February 2020 It may be a nice touch to your practice to remind sellers' attorneys to remind their former clients to make any and all exemption applications that they were obligated to make.

Practice Tip By Michael J. Maslanka January 2020 When representing a purchaser of real property, where mortgage financing is needed or involved, be sure to tell your clients to ask the lender to send copies of the documents that the lender expects the mortgagor/purchaser to sign at closing in advance.

1 comment (Most recent January 22, 2020)

Practice Tip 1 June 2020 A note on the importance of recording transfer on death instruments as soon as possible.

Practice Tip 2 By Michael J. Maslanka June 2020 Practice tips for attorneys who receive calls from the child of a deceased client asking for guidance regarding the decedent's estate matters.

Practice Tip (Or Oops! I Just Stepped In…!) By Michael J. Maslanka July 2020 Powers of attorney for closing-related purposes should probably be drafted with specific start and end dates and without the "revoke all prior powers of attorney" language.

Practice Tips October 2020 Two practice tips for real estate practitioners.

Private Process Server Need Not Be Appointed by Court to Serve Process in Cook County if the Suit Was Filed in a Different County By James V. Noonan June 2020 At issue in Municipal Trust and Savings Bank v. Moriarty, et al. was whether the defendant-mortgagor in a foreclosure action was properly served, such that a foreclosure judgment was void for lack of jurisdiction.

Proposed Changes to the TODI Act By Gary R. Gehlbach November 2020 A look at proposed changes to the Illinois Residential Real Property Transfer on Death Instrument Act.

Protecting the House From Nursing Home Expenses By William S. Wilson September 2020 The article explores several ways to protect the residence when the nursing home patient applies for nursing home Medicaid.

Proving Up Damages in a Home Construction/Remodeling Case By Adam B. Whiteman October 2020 A look at how to prepare for trial in a residential construction defect case.

Residential Zoning Variance Request Denied: A Review of First American Bank, et al. v. Village of Wilmette, 2019 IL App (1st) 181436 By Joseph W. Rogul February 2020 The recently decided First American Bank v. Wilmette case presents a very good review and illustration of some of the general principles that courts will apply in determining whether to reverse a municipality’s decisions regarding applications by owners of real property for zoning variances in order to develop their land.

‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet October 2020 Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.

Service on Trustee: McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, 2019 IL App (3d) 170858 By Elisha Deen Sanders February 2020 A summary of McArdle as Trustee of Barbara M. McArdle Trust & Christensen as Trustee of Raymond H. Christensen Irrevocable Trust, which considers whether the defendant was properly served.

Supporting the Illinois Bar Foundation’s Lincoln Legacy Society By Hon. Edward J. Schoenbaum, (ret.) November 2020 The Lincoln Legacy Society is the Planned Giving Program of the Illinois Bar Foundation, supporting the Foundation’s mission to administer access to justice programs throughout Illinois and offer financial aid to attorneys and their families during times of crisis.

Swing and a Miss: Seventh Circuit Ends Hitting Streak By Michael J. Rooney June 2020 An analysis of a recent seventh circuit opinion in which the court broke a very favorable recent batting streak of hits concerning local real property law.

Two Foreclosure Case Summaries By James V. Noonan November 2020 Summaries of two recent cases of interest to real estate practitioners.

A Virtual Pro Bono Opportunity to Help Those in Need By Michael G. Bergmann October 2020 Illinois Free Legal Answers is a virtual legal clinic where low-income Illinoisans can submit a question online to ask a pro bono lawyer for help with a civil legal issue.

Wake-Up Call to Condominium Boards Regarding Section 15 Sales By R. Kymn Harp August 2020 A summary and analysis of Kai v. Board of Directors of Spring Hill Building I Condominium Ass’n.

We Want to Hear From You, Our Section Members May 2020 A call for articles.

What the Decision in Ruiz v. Cal-Ful Condominium Ass’n Tells Attorneys By Ellis B. Levin March 2020 An analysis of Ruiz v. Cal-Ful Condominium Ass’n, which centered on a dispute between two condominium unit owners and the condominium board of directors regarding the directors’ exercise of their fiduciary duty.

You’ve Never Heard of an Avigation Easement? Consider Construction and Expansion of Airports and the Impact on Landowners Nearby—and Read On! By Sharon L. Eiseman July 2020 A look at Jackiewicz v. The Village of Bolingbrook, which arose from a complaint by a group of unhappy homeowners against the Village of Bolingbrook claiming damages to their properties as a result of the renovation of an existing runway at that airport.