2022 Articles

15 Illinois Sites Added to the National Register of Historic Places Last Year February 2022 The Illinois Department of Natural Resources has released a list of the 15 locations added to the National Register of Historic Places in Illinois in 2021

ASTM E1527-21: The New 2021 Standard for Phase I Environmental Site Assessments By William J. Anaya January 2022 A summary of the changes made to the ASTM's Phase I Environmental Site Assessments in 2021.

The Condominium Act Does Not Specifically Authorize all Authority for an HOA Board By Kadijah Hall April 2022 A group of displeased condominium unit owners brought suit against their homeowners association board seeking declaratory and other relief against the association and its board of managers, claiming that the board's activities surrounding the investigation and negotiations of a proposed bulk sale of the condominium units violated sections 15 and 19 of the Condominium Property Act.

Condominium Board and Bulk Sales By Sherwin D. Abrams March 2022 A summary and analysis of Glazer v. Private Residences at Ontario Place Condo. Ass'n, which involved a proposed bulk sale of all residential and parking units in a condominium in Chicago.

Consequences of Stopping Construction: Delays and Disruptions Resulting From Catastrophes By Samuel H. Levine May 2022 A look at what happens when there are delays and disruptions to construction projects due to causes outside of the parties' control.

Editors’ Note By William J. Anaya & Michael J. Rooney May 2022 An introduction to the issue from the editors.

Editor’s Note By William J. Anaya & Michael J. Rooney April 2022 An introduction to the issue from the editors.

Editor’s Note By Michael J. Rooney March 2022 A note from one of the co-editors.

Here’s a Thought: A Conversation About Title Insurance Legislation By Joseph W. Rogul & Michael J. Rooney March 2022 A conversation between two Real Estate Law Section Council members about title insurance legislation.

1 comment (Most recent March 17, 2022)

How Does This Work? And If You Were Examining Title, What Would Your Opinion Say? By Michael J. Rooney February 2022 Title examiners have a particular point of view on a variety of activities that impact the status of real estate titles.

How I Spent My Spring Break By Michael J. Rooney April 2022 Reflections from a fishing trip.

Illinois Notary Law Changes By Kevin J. Stine May 2022 Summaries of the recent substantive changes to existing notary laws.

Illinois Notary Law Changes By Kevin J. Stine March 2022 Summaries of the recent substantive changes to existing notary laws.

Impossible, Impractical, Frustrating, or Simply Unfortunate: Illinois Commercial Leases in the COVID Age By R. Kymn Harp April 2022 In March 2022, the appellate court issued its first opinion addressing efforts by a commercial tenant to escape liability under its lease by reason of the COVID-19 pandemic.

Let’s Review, Shall We? By Michael J. Rooney May 2022 A look at the lawyers whose participation in representing clients in real estate transactions is limited to drafting the deed and preparing the relevant real estate tax forms.

New Fannie Mae Condominium Underwriting Addendum: Speculations on Issues for Owners, Buyers, Lenders, Associations, and Developers By Paul Peterson February 2022 The new Fannie Mae loan underwriting requirements for condominium and co-op units are designed to foster homeowner sustainability.

No Trust, No Authority, No Transaction? No Problem? By Jeffrey A. Mollet May 2022 A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.

An Order Staying Enforcement of a Foreclosure Judgment and the Attendant Right to Possession Is Not Reviewable on Appeal By James Noonan May 2022 In Old Second National Bank, N.A. v. Karolewicz, the court considered whether appellate jurisdiction exists to appeal from a trial court order staying the enforcement of a judgment under Supreme Court Rule 305.

An Overriding Royalty Interest Is an Interest in Real Property By John C. Robison, Jr. January 2022 An overriding royalty interest in an Illinois oil and gas lease is an interest in real property.

‘The Previous Play Is Under Further Review’ By Michael J. Rooney January 2022 An overview of the Illinois Supreme Court Rules of Professional Conduct that govern conflicts of interest.

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 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 April 2022 A comprehensive discussion on the recent changes to the Transfer on Death Instrument Act.

Real Estate Litigation: Traps for the Unwary By Richard Rappold March 2022 Two recent Illinois Supreme Court cases highlight a trap for the unwary regarding service of process in Cook County.

Sellers Can Sue Over Excessive Fees for Section 22.1 Condo Disclosures By Joseph R. Fortunato January 2022 The case of Channon v. Westward Management, Inc. involved a suit by a condominium unit owner against a property manager for excessive and unreasonable fees to provide the owner with documents and other information that unit owners are required by the Illinois Condominium Property Act to provide to prospective purchasers.

Tax Deed Epilogue By John C. Robison, Jr. April 2022 A purchaser of a royalty interest at a tax sale acquires the lessor’s royalty, which entitles the purchaser to receive payments for produced oil from the lessee until the lessor’s royalty terminates upon the lapse of the oil and gas lease in which the lessor’s royalty originated.

A Three-Pointer By Michael J. Maslanka April 2022 Three points of interest for real estate practitioners.

Using ‘Non-Lienability’ as a First Tranche Attack to Defeat a Mechanic’s Lien Case By Adam Whiteman February 2022 The Illinois Mechanic’s Lien Act grants to a contractor the right to place a lien on property in order to secure that contractor’s right to obtain fair compensation for the value of services and materials that have been provided. There are times, however, when this process is abused or misapplied.

The Value of the Transactional Attorney By Cameron Lythberg April 2022 All too often, it seems the general public does not understand the value of the transactional attorney.

When Does a Denial Create a Question of Fact? Eviction vs. Non-Eviction Standards By Adam B. Whiteman April 2022 A defendant in an eviction case has two opportunities to create a question of fact—the first in the pleadings, the second at the eviction hearing.