Date |
Article
Contents/Synopsis |
November
2006
(PDF)
|
-
MORTGAGE FORECLOSURE; FORECLOSURE AND REDEMPTION
BY A JUNIOR MORTGAGEE
-
ATTORNEYS; CONVEYANCING ERRORS AND MALPRACTICE
-
MORTGAGE
FORECLOSURE: TENDER OF PAYMENT BY A "BONDED BILL OF
EXCHANGE"
JUDGMENT
ENFORCEMENT, FRAUDULENT CONVEYANCES AND JOINT TEFORCIBLE ENTRY
AND DETAINER; JURISDICTION BY POSTING:NANCY
MORTGAGE
FORECLOSURE; UNKNOWN HEIRS AND DEVISEES
MORTGAGE
FORECLOSURE; DAMAGES IN TORT FOR MORTGAGE FRAUD FOLLOWING
FORECLOSURE
FORCIBLE
ENTRY AND DETAINER; JURISDICTION BY POSTING
-
TITLE INSURANCE; STATUTE OF LIMITATIONS ON
ACTIONS BY TITLE INSURANCE COMPANY
AGAINST ITS AGENT IS CONTROLLED BY TWO YEAR CONTRIBUTION
AND INSURANCE STATUTES RATHER THAN
THE TEN YEAR WRITTEN CONTRACT PERIOD
MORTGAGE
FORECLOSURE; CONFIRMATION OF SALE AND THIRD PARTY BIDDERS REDUX
POTPOURRI
|
October
2006
(PDF)
|
-
TITLE
INSURANCE; SUBROGATION; WARRANTY DEEDS AND BREACH OF WARRANTY;
KNOWN DEFECTS IN TITLE: MORTGAGES
-
TRUTH
IN LENDING; RESCISSION DISCLOSURE ERRORS AND RIGHT OF RECISSION
-
SELF-STORAGE
FACILITY ACT; CONSTITUTIONALITY AND CONSUMER FRAUD FOR NOTICE
FAILURE
-
LOCAL
GOVERNMENT; CONDEMNATION; PRIVATE ROADWAYS; EASEMENTS; PUBLIC
USE PROVISIONS OF HIGHWAY CODE
-
REAL
ESTATE CONTRACTS; SPECIFIC PERFORMANCE; SUFFICIENCY OF
INSTRUMENTS; LAND TRUSTS
-
CONTRACTS:
STRICT COMPLIANCE RULE; OFFER AND ACCEPTANCE; INTENT OF THE
PARTIES; MINOR ERRORS
-
BANKRUPTCY;
MORTGAGE RELEASE; TRUSTEE’S AVOIDANCE POWERS; NEGLIGENCE
-
MINERAL
RIGHTS; OIL AND GAS LEASES; COALBED METHANE GAS; RULE OF
“CAPTURE”
-
PREMISES
LIABILITY; NATURAL ACCUMULATION; DUTY OF LANDOWNERS
-
CONTRACTS;
CONSUMER FRAUD AND BUILDER MISREPRESENTATIONS REALTING TO
PROJECT
|
Note |
|
November
2004 |
|
October
2004 |
|
September
2004 |
|
August
2004 |
-
Specific
Performance; Legal Description Sufficient to Enforce and a
Dissent
-
Landlord/Tenant
Fixture; Lease Termination, Declaratory Judgment and Unjust
Enrichment
-
Eminent
Domain; Authority to Exercise Power
-
Mechanic's
Liens; Recording Multiple Notices as Constructive Fraud
Rendering Lien Unenforceable
-
Mortgage
Foreclosure; Federal Preemption of State Fee Limits and the
Illinois Interest Act
-
Real
Estate Contracts; Use and Occupancy Modification Altering
Remedies
-
From
the Title Company Perspective: Adverse Possession of Public Land
-
Mortgage
Foreclosure; Federal Proceedings Following State Foreclosure and
the Rooker-Feldman Doctrine
-
Premises
Liability; Open and Obvious Risk, Distraction Exception,
Deliberate Encounter Exception, and Balancing Test
-
Errata
and Such
|
April
2004 |
-
Fair
Debt Collection Practices; Stating the Amount of the Debt and
Miller Revisited
-
Municipalities;
Mandatory Water Service Connection Constitutionality
-
Fair
Debt Collection Practices Act; Bona Fide Error Defense
-
Easements;
Evidence and the Ancient Document Rule, Exceeding the Statement
Easement Limitations
-
Easements;
Overburdening and the Ancient Document Rule from the Title
Company Perspective
-
Mortgages:
Prepayment Penalties and Preemption
|
March
2004 |
-
Mortgages;
What Isn't an Equitable Mortgage
-
Escrow
Accounts; Disbursement of Earnest Money Without Authorization
-
Public
Works Damage to Real Property: Metropolitan Water Reclamation
Act and Compensible 'Taking'
-
From
the Title Company's Perspective; Recent Legislation
-
Tax
Deeds; Review of the Trial Court's Decision to Issue a Tax Deed
and Time for Appeal
-
Adverse
Possession; Burden of Proof and Directed Verdicts
-
Condominium
Associations; Common Areas and Liability for Personal Injury for
Open and Obvious Conditions
-
Eminent
Domain; Compensation of Tenants and Abandonment Prior to
Possession
-
Demolition;
Constitutionality of Statute and Due Process Reconsidered
-
Eminent
Domain; Interlocutory Appeal of the Issue of Good Faith
Negotiations
|
February
2004 |
-
Premises Liability; Invited Guests and Immunity Under the
Recreational Use of Land and Water Areas Act
-
Oil and Gas Leases; Termination for Non-Production
-
Oil and Gas Leases; Statutory Attorney's Fees for Failure to
Release on Appeal
-
Eminent Domain; Appraisals of Comparable Property, Potential
Re-zoning, and Traverse to Challenge Authority and Condemn
-
From the Title Company Perspective; Real Estate and
Dissolution of Marriage
-
From the Title Insurance Company Perspective; Equitable
Mortgages
-
Mortgages; Document Preparation, the Unauthorized Practice of
Law and The Voluntary Payment Doctrine
-
Truth in Lending: Assignee Liability and Recovery of Overhead
Costs
-
Truth in Lending; Grossly Overstating is Not a Material
Non-Disclosure of Amounts That Can Be Calculated
-
Fair
Debt Collection Practices Act; Filing of a Complaint and Summons
as 'Initial Communication' Requiring Validation of Debt
|
January
2004 |
-
Mechanic's Liens; Installment Contracts and Equitable
Conversion and Knowingly Permitted/Authorized Work
-
Landlord/Tenant; Security Deposits and Discharge in
Bankruptcy
-
Landlord/Tenant; Statute of Limitations and 'Statutory
Penalty' Limitation
-
Mortgage Foreclosure; Late Charges and Fair Debt Collection
Practices Act
-
Mechanic's Lien; Inaccurate Lien Description
-
Specific Performance & Equitable Mortgages
-
The
Dick Bales 'Tool Box': Revival of Judgments; The Plat Act; Right
of Way v. Ownership; and The Creation of Easements by Operation
of Law
|
September
- November 2003 |
-
Premises
Liability; Open and Obvious Dangers
"Distractions"
-
Condominiums;
Members' Rights to Examine Books and Records
-
Real
Estate Taxes; Voluntary Payment Doctrine
-
Landlord/Tenant;
Waiver of Interest on Security Deposits
-
Easements;
Cemeteries and Rights of the Relatives of a Decedent to Ingress
and Egress
-
Lien
Priority; Subrogation Revisited
-
Landlord
Tenant; Bankruptcy and Payment of the Current Month's Rent
-
A
New Take on the Old Admonition of 'Don't Let the Bed Bugs Bite'
and Legislative Overview
-
Real
Estate Transactional Practice; Tidbits from the Trenches
-
From
the Title Insurance Company Perspective: Extended Coverage Title
Policy and Title Insurance as Evidence of 'Marketable Title'
|
August
2003 |
-
RESPA:
The Ongoing Tale of Release Fees
-
Real
Estate Brokers; Buyer's Broker Liability for Lead Base Paint
Disclosures
-
Real
Estate Taxes; Assessment as Residential Rather Than Farm Land
Based on Subdivision
-
Tax
Deeds; Statutory Priority of Demolition Lien and Alternatives
-
Specific
Performance; Damages for Delay in Performance
-
Estates
in Land; Life Estates, Fee Tails and Vesting
-
The
Impact of Post Title Policy Conveyances From the Title Insurance
Perspective
-
Adverse
Possession; Landlord/Tenant and the Adverse Element
-
Eminent
Domain; Obligation to Negotiate Good Faith and Disclosure of
Appraisal Report to Property Owners
-
Real
Estate Contracts; Fraudulent Concealment and Subrogation
|
July
2003 |
-
Mortgage
Defenses; Harold Levine's Part 2: Pleading Fraud Article
-
The
Passing of an Icon; Harold I. Levine
-
Home
Inspectors; Rules and Regulations
-
Homestead
Exemptions; Clarifying Purchase Money or Improvement Exceptions
-
The
Business of Practicing Law; The Best Tidbit from the ISBA Annual
Meeting
-
Mortgage
Certificate of Release Act; Updated, Extended, Improved?
-
Disclaimer
of Real Estate
-
From
the Title Company Perspective; A Plat Act Primer
-
Real
Estate Taxes; Assessment Prior to Occupancy
-
Levy
Sales; Notice of Levy Sale and Inadequate Sale Price
|
June
2003 |
-
Zoning
and Annexation Hearings; Legislative Versus Administrative
Proceedings and Due Process
-
Zoning
and Conditional Use Permit; Legislative Versus Administrative
Proceeding
-
Zoning
and Special Use Permit; Legislative Versus Administrative
Proceeding, Standing and Representation
-
Financing;
Credit Services Organization Act Applicability to Home
Improvement Transaction Financing
-
Adverse
Possession From the Title Company's Viewpoint; A Brief History
of Surveying Practices Relating to the Center of a Section
-
Restrictive
Covenants Enforcement; Injunctions and Bond Requirements
-
Condemnation;
Sufficient Description of the Real Estate
-
Riparian
Rights; Quarries are Not Lakes
-
Mechanic's
Lien; Notice Pursuant to Section 24 by Facsimile
-
Real
Estate Transactions; Gathering Knowledge
|
May
2003 |
-
Mortgage
Foreclosure; Current Loans and Fair Debt Collection Practices
-
Mechanic's
Liens; Subcontractor's Section 24 & 25 Notices
-
From
the Title Insurance Company Perspective
-
Mortgage
Foreclosure; Waiver of Jurisdiction by Accepting Benefit
-
Adverse
Possession; Vacant Land, Permissive Presumption and Defined
Tract of Land
-
Warranty
of Habitability; Purchase of Vacant Land With Land Fill From
Developer
-
Real
Estate Brokers; Liability for False Statement of Property School
District
-
Mechanic's
Liens; Article 5 Signed Sworn Statement As a Condition Precedent
to a Contract Action
-
Premises
Liability; Social Host Liability in Illinois
-
An
Apology and Some "Political" Stuff; Mortgages for
Muslims
|
April
2003 |
|
March
2003 |
-
Forged
Deed; Undue Influence, Breach of Fiduciary Duty, and Lack of
Consideration
-
Forged
Deeds From the Title Insurance Perspective
-
Mortgage
Foreclosure and Bankruptcy; Filing Between the Sale and
Confirmation
-
Mortgages;
Constructive Notice and Chain of Title
-
Deeds;
Misnomer and Reformation
-
Mechanic's
Liens; Perfection by Filing Notice of Claim for Lien Within 4
Months, Staggered Completion
-
Broker's
Commissions; Broker's Protection Period, Disclosure and Absence
of Bad Faith
-
Zoning
and Nuisance; Conditional Use Permits, Notice, and Firearms
Ranges Statutory Exemption From Nuisance Actions
-
Residential
Real Property Disclosure Act; Standards of Proof - Clear and
Convincing Evidence
-
Prepayment
Penalties From the Trenches
|
February
2003 |
-
Judgment
Lien Priority, Constructive Notice and Levy Sales
-
RESPA
and Overcharging for Recording Expenses Redux
-
Tenancy
by the Entirety; Fraudulent Transfer
-
Zoning
and Nonconforming Use; Pre-existing Use Must Be
"Legal"
-
Specific
Performance; Liquidated Damages, Return of Earnest Money and
Exclusive Remedies
-
Vacant
Lot Checklist From the ISBA Real Estate Listserv
-
From
the Title Insurance Company Perspective: The Mortgage Release
Problem and Chicago Title's Solution
-
IRS
Rules RE: Gain on Sale of Residential Real Estate
-
Developments
in Real Estate Fraud; What to Watch For
-
Revival
of Judgments; Statutory Clarification
|
December
2002 |
-
Condominiums;
Forcible Entry and Detainer and Homestead
-
Landlord
Tenant; Lease Construction and Alterations
-
Mortgage
Foreclosure; Dismissal For Want of Prosecution and Confirmation
of Sale
-
Deeds;
Validity and Burdens of Proof
-
Demolition;
Unconstitutionality Considered from the Title Company's Point of
View
-
Eminent
Domain; Inverse Condemnation, Restrictive Covenants, and Public
Taking
-
Mechanic's
Liens; Public Funds and Lienable Work
-
Forcible
Entry and Detainer; Sanctions
-
Fair
Debt Collection Practices Act; Validation Notices in Pleadings
and 'Reconciliation' Language
-
Electronic
Access and Electronic Filing of Court Records
|
November
2002 |
-
Statutory
Construction; Illinois Aeronautics Act and the Expansion of
O'Hare Airport
-
Demolition;
Due Process and Constitutionality
-
Quiet
Title; Easements, Right-of-Way and Deed Construction
-
Real
Estate Contracts; Misrepresentation, Waiver and Mutual Releases
-
Residential
Real Estate Disclosure Act; Statute of Limitations and Sanctions
-
From
the Title Company Perspective
-
Dick
Bales, Author - The Myth of the Chicago Fire
-
Land
Trusts and Citations to Discover Assets
-
Real
Estate Contracts; Liquidated Damages, Prejudgment Interest and
Damages on Resale
-
Mortgage
Releases; Certificate of Release and the Mortgage Act
|
October
2002 |
-
Injunctions;
Water Flow and Drainage Rights, Displacement Versus Impeding the
Natural Flow of Water
-
Tax
Deeds and Adverse Possession
-
Premises
Liability; Sidewalk Cafes
-
Zoning;
Expansion of an Existing Nonconforming Use
-
Mortgages;
Arbitration and Document Construction
-
Rescission;
Truth in Lending and Return of Principal
-
Mortgage
Foreclosure; Fixtures and Trade Fixtures
-
RESPA;
New Regulations Proposed with Comments
-
Taxes;
Capital Gain on the Sale of Principal Residence
-
From
the Title Company Perspective
|
September
2002 |
-
Tax
Deeds; Extension of Redemption Period and One Year Recording
Period Limitation
-
Mortgage
Releases; The Mortgage Certificate of Release Act
-
Residential
Real Property Disclosure Act; Effective Disclosure
-
More
Summer Reading; Mechanic's Liens and the Electronic Future of
Real Estate Transactions
-
Quiet
Title Through Payment of Taxes Over Seven Years; Elements of
Good Faith and Possession Versus Adverse Possession
-
Riparian
Rights; Accretion and Boardering Land Owners
-
Zoning;
Down-Zoning and Reliance Upon the Classification of Property
-
Landlord/Tenant;
Duty to Make Repairs and the Voluntary Undertaking Theory of
Liability
-
Forcible
Entry and Detainer; Unknown Occupants Legislation
-
From
the Title Company Perspective
|
August
2002 |
-
Historical
Landmark Status, Building Permits, Animus and Equal Protection
-
Real
Estate Contracts: Fraud in the Inducement, Consumer Fraud,
Rescission, Attorney's Fees, Punitive Damages and Prejudgment
Interest
-
Landlord/Tenant:
Fire Loss, Insurance and Tenant Liability
-
Zoning;
Zoning, Animus and Equal Protection
-
Residential
Real Property Disclosure Act; Merger and Issues of Fact
-
Slander
of Title & Attorney's Lien
-
Summer
Reading; The Sopranos, Individual Dignity Clause and Standing of
Italian Americans to Sue for Defamation
-
Dedications
and Easements for Public Roadways; Statutory Prerequisites and
Expansion
-
(Above)
From the Title Company's Perspective
-
Practice
Tips: "Representing the Home Buyers in Post-Caveat-Emptor
Illinois
|
July
2002 |
-
Tenancy
by the Entirety and Federal Tax Liens; Be Careful Out There
-
Development
and Developers; Municipal Impact Fees
-
Illinois
Real estate Transfer Tax Review
-
Residential
Real Property Disclosure Act; Fraudulent Misrepresentation
-
Probate
and Title Examination: Death Certificates and Cause of Death
From the Title Insurance Perspective
-
Landlord/Tenant;
Oral Farm Lease Termination by Less Than All Landowners
-
Eminent
Domain; Good Faith Negotiation and 60 Day Notice Prior to
Condemnation
-
Mortgages;
Payoff Charges and Federal Preemption
-
Easements,
Adverse Possession and Quiet Title on Platted Roadways
-
Homeowners
Associations and the Effect of Dissolution
-
Eminent
Domain and Taking for a Public Purpose; SWIDA Revisited
|
May-June
2002 |
|
April
2002 |
-
Adjacent
Landowners: Natural Flow of Water & Injunction
-
Title
Insurance; Contract Interpretation & Real Estate Tax Escrow
-
Tax
Escrows and Title Insurance From the Title Insurance Company
Perspective
-
Mortgages:
Enforcement of Prepayment Penalties
-
Predatory
Lending: Advertising and "Bait and Switch"
-
Landlord/Tenant:
Amendment, Novation, Reaffirmation and Revival of a "Gold
Clause"
-
Dedication;
Statutory and Common Law Factual Issues
-
Premises
Liability; Duty to Trespassers & Condition of Property
Amounting to Willful and Wanton Conduction
-
Real
Estate Contracts: Time is of the Essence, Even a Single Day
-
(Real
Estate) Contracts: Return of Deposit (Earnest Money)
|
March
2002 |
-
Condemnation;
Good Faith Negotiation Prerequisite
-
Condominiums;
Corporate Opportunity & Bidding at Foreclosure Sale
-
Bankruptcy;
Modification of Stay, Sales, and Mootness
-
Mortgagees;
Residential Loans and Prepayment Penalties
-
Tax
Increment Financing Districts (TIF): Statutory Prerequisites
-
Zoning;
Exclusory Zoning and State Preemption
-
Zoning:
Alarm Ordinance, State Preemption & Health, Safety &
Welfare
-
Fraudulent
Misrepresentation; Banks, Their Officers and Justifiable
Reliance
-
Contracts;
Contingencies and Implied Duty of Good Faith
-
Dedication
of Roadways; Statute of Limitations and Easement by Prescription
|
February
2002 |
-
Air
Space; Federal Preemption, State Law and Jurisdiction
-
Riparian
Rights; Adjacent Landowner Access for Recreation
-
Powers
of Attorney; Guaranties and Third Party Protection
-
Tax
Sale Redemptions; Standing to Redeem and Conveyance Misnomer
-
Contract
Interpretation; Custom and Usage vs. Express Terms
-
Rescission;
Damages and Award Calculation
-
Dedication
of Roadways; Statue of Limitations and Easement by Prescription
-
Premises
Liability; Construction Sites
-
Eminent
Domain; Evidence of Highest and Best Use, Fundamental Fairness
& Motions in Limine
-
Riparian
Rights From the Title Company's Point of View
|
December
2001-January 2002 |
-
Condominiums:
Forcible Entry and Homestead
-
Zoning
and Building Permits; Mandamus & Vested Rights
-
Powers
of Attorney From the Title Insurance Perspective Following
Amcore Bank v. Hahnaman Alrecht
-
Judgments
and Enforcement; Trusts and Probate
-
Condominium
Associations; Developers' Surrender of Control
-
Landlord
Tenant; Default & Option to Purchase
-
Real
Estate Brokers; Commercial Broker's Lien and Releases
-
Implied
Warranty of Habitability; The Magic Words and Disclaimer in New
Construction
-
Mortgage
Foreclosure; Stipulation & Caveat to Defense Counsel
-
Land
Trusts and the New UCC Article 9
|
November
2001 |
-
Restrictive
Covenants; Enforcement, Acquiescence and Waiver
-
Restrictive
Covenants from the Title Company's Point of View Following
Vandelogt
-
Mechanic's
Lien: Prevailing Party's Attorney's Fees and Expert Witness
Expenses
-
Zoning;
Americans with Disabilities Act Hardship Variance
-
Guaranty;
Application of Proceeds
-
Real
Estate Tax Sales; Redemption Under Protect and Failure of Notice
by the Tax Buyer
-
Real
Estate Taxes; Exemption and Leaseholds Interests
-
Real
Estate Taxes; Exemption and Charitable Use
-
Home
Inspectors License Act
-
Real
Estate Taxes and Conveyances in Cook County: Tax Subdivisions
and P.I. Numbers
|
October
2001 |
-
Demolition:
Jurisdiction, Summons and Process
-
Condominiums:
Scrivener's Errors and Amendment of Declaration
-
Real
Estate Taxes: Development and Reassessment
-
Unauthorized
Practice of Law; Loan Documents Preparation in Michigan
-
Construction
Contracts; Statute of Limitations
-
Mechanic's
Liens; Section 34 and Title Waiver
-
Truth
in Lending; Disclosure of Payment Due Date and Regulatory
Comments
-
Real
Estate Contracts; Standing to Sue & Land Trusts
-
Landlord
Tenant: Semiannual Payments and Notice of Strict Compliance with
Lease Payment Terms
-
Partition
Suit; Bona Fide Purchaser Protection and Void Judgments
|
September
2001 |
-
Wrongful
Tree Cutting Act; Treble Damages and Punitive Damages
-
Preliminary
Injunctions; Prejudgment attachment and an Interest in Real
Estate Distinguished
-
Installment
Contracts and Equitable Conversion; Insurance Policy Recovery
and Premium Payments
-
Lease
Guaranty and Extension; Release and Waiver
-
Judgments;
Calculating Post Judgment Interest
-
Landlord
Tenant; Security Deposit Interest and Penalties
-
Specific
Performance and Rescission; Cost of Environmental Remediation
-
Creating
and Vacating Streets and Alleys
-
Deed
Delivery; Escrow and Trust Distinguished
-
Legislative
Updates and Summer Reading for Real Estate Lawyers
|
August
2001 |
-
Mortgage
Foreclosure: Vacating Default Judgments
-
Easements
by Necessity; Proof Required, Expansion of Implied Use
-
The
Title Company's Perspective on Easements and Overburdening
-
RESPA;
Overcharging for Recording Expenses
-
RESPA;
"Deceptive Practices" Exclusion Under Insurance Policy
-
Zoning;
Administrative Precedent and Estoppel
-
Land
Trusts: Forgery and Warranty by the Trustee
-
Bankruptcy
Stay Modification; Docketing Orders
-
Restrictive
Covenants; Privity of Estate and Prior Violations
-
Real
Estate Tax Sale Redemption; Timing and Accrual of Penalties and
Interest
|
July
2001 |
Summer
Vacation
|
June
2001
|
-
Mortgage
Lenders; Duty of Good Faith and Fair Dealing Revised
-
Forcible
Entry and Detainer, Condominium Associations, Signatures on 30
Day Notice
-
Tax
Deeds; Notice to "Occupants"
-
Real
Estate Tax Sales; The Indemnity Fund
-
Premises
Liability; Those Pesky Trampolines
-
Annexation:
Quo Warranto, Standing, and Contiguity as a Jurisdictional
Element
-
Annexation;
Contiguity and "Predatory Annexation"
-
Insurance;
Lead Paint Coverage and Exclusion
-
"Bond
in Lieu of Probate" From the Title Insurance Company
Perspective
-
Mechanic's
Liens; Section 23 Public Funds and Payment Through the Court
|
May
2001 |
-
Title
Insurance Coverage; Successors by Operation of Law, Purchase and
Distributees
-
Title
Insurance Coverage; From the Title Insurance Company Perspective
-
Equal
Protection & Slum Lord Sign Programs
-
Tax
Deeds and Bankruptcy; A Matter of Timing
-
Home
Owners Associations; The Cost of Litigation
-
Eminent
Domain; Public Taking and Private Use
-
Easements
Review From the ISBA Transactional Law Discussion Site
-
Prescriptive
Easements; Acquience and Mistake
-
Residential
Real Property Disclosure Act; Waiver
-
Easement
by Necessity; Extrinsic Evidence and the Necessity of Utilities
|
April
2001 |
-
Resulting
Trusts: Rules and Burdens of Proof
-
Real
Estate Tax Sales, Indemnity Fund
-
Real
Estate Contracts; Anticipatory Breach and Res Judicata Woes
-
Eminent
Domain; SWIDA v National City Limited
-
Condominium
Association Late Charges; Some Feedback
-
Title
Insurance and the Impact of a Deed to a Family LLC on Coverage
-
Title
Insurance Coverage and the Impact of a Deed to a Family LLC From
the Title Insurance Company Perspective
-
New
Challenges for Residential Real Estate Lawyers
-
Real
Estate Taxes on the Internet: "Covet thy Neighbor's
Property Taxes"
-
Fraudulent
Conveyances; Evidence of Insolvency
|
March
2001 |
- Condominium Association; Late Charges
- Subrogation in Indiana
- Mechanics Liens; Temporary Staffing
- Taxes/Impact Fees; Statutes of Limitation
- Surveys; Title Insurance Perspective
- Bankruptcy Case Information Directions
- Tenancy by the Entirety; Federal Tax Liens
- Environmental Law; Migratory Bird Rule Limited
|
February
2001 |
- Real Estate Contract Formation, Earnest Money
- Real Estate Contract Formation & Waiver
- Residential Real Property Disclosure Act; Transfer
- Insurance Coverage; Economic Damage
- Tenancy by the Entirety; Title Insurance Perspective
- Oil & Gas Lease Termination
- Mechanics Liens; Miller Act
|
December
2000 - January
2001 |
- Zoning; Non-Conforming Use, Abandonment & Expansion
- Mortgage Foreclosure, Confirmation of Sale
- Illinois Permanent Survey Act; Title Company Perspective
- Bills to Quiet Title, Tropical Islands and Guano
- Mortgage Foreclosure; Accord & Satisfaction with the
Federal Government
- HUD "Homebuyer's Kit" on the Internet
- Duty of Land Owner to Invitees
- Real Estate Taxes; Payment by "Particular
Specification"
|
November
2000 |
- Annual Summary of Caselaw Update and Other Good Materials
Available from the ISBA Law Ed Series
- Updating the County Information Available on the Web
- Subrogation Issues from the Title Company Point of View,
Insuring Over Judgments
- Zoning Hearings and the Right to Cross Examination
- An Update on IRELA v. Koenig & Strey and Unauthorized
Practice
- More on the Unauthorized Practice of (Real Estate) Law, The
ISBA Suits
- The Illinois Permanent Survey Act
- Municipal Transfer Taxes, Inspections and Restraints on
Alienation
- Real Estate Commissions and Theft by Deception
- Happy Holidays
|
October
2000 |
- Mortgage Lien Priority; Subrogation Reaffirmed
- Real Estate Contracts: Merger by Deed
- Real Estate Service Contracts and Undisclosed or Partially
Disclosed Principal; Liability of the Agent
- Special Assessments; Objection to Computation
- Zoning; Non-Conforming Use, Abandonment and Expansion
- Real Estate Transfer Declaration Form Updated and Available
Online
- Legal Descriptions From the Title Company Perspective;
Marlow v. Malone Considered
- Lawyers and Title Companies Working Together
- The Future of Lawyers in Residential Real Estate
Transactions Panel Discussion
- The Electronic Business of the Practice of Law
|
September
2000 |
- Mortgage Lien Priority; Conventional and Equitable
Subrogation and Refinancing
- Landlord/Tenant; Contingent Attorney's Fee Award and Late
Charges Considered
- Tax Appeals; Standing as an "Owner" to Appeal
County Assessment
- A Homestead Primer: A Title Perspective
- More on the Powers of Attorney Act; The Importance of
Following the Statutory Form
- The Practice of Real Estate Transaction Relating to RESPA
- Unauthorized Practice of Law
- Railroad Right of Way and Reversionary Interests in
Adjoining Land Owners
- Legislation and Regulation Pot Pourri
- Updating the Business of the Practice of Law; Statements of
Why and How Attorneys Should Continue to Represent Clients in
Residential Real Estate Transactions
|
August
2000 |
- Landlord/Tenant; Pleading Constructive Eviction
- Homeowner's Insurance Coverage; Estoppel By Brochure
- Homestead and Living Trusts
- Electronic Recording and the Electronic Signatures Act
- Landlord/Tenant; Security Deposit Returns
- Assignment of Mortgage; Lien Priority - Revisited
- Zoning Ordinances & Boundary Line Measurements
- Landlord/Tenant; Criminal Activity
- Mineral Rights/Oil & Gas Leases; Administrative Res
Judicata
- Updating the Business of the Practice of Law; Another Fair
Debt Collection Safe Harbor, Partition Suit to be Reviewed, and
Intercounty Title Company
|
July
2000 |
- Assignment of Mortgage; Lien Priority
- Fire Loss Insurance; 'Vacant' and 'Unoccupied' Property
- Illinois Power of Attorney Act Amendment
- Deeds and Delivery; 'Dresser Drawer Deeds'
- Premises Liability; Open and Obvious Hazards
- Landlord/Tenant; Security Deposit Returns
- Residential Real Property Disclosure Act and Breach of
Contract
- Mechanic's Lien Claims; Substantial Completion, Waiver of
Lien, and Reciting the Date of Completion of the Lien Claim
- Summer Reading
- The Business of the Practice of Law
|
June
2000 |
- Mortgages and Consumer Fraud; Payoff Letter Quote and Fax
Fee Allowed
- New Mortgage Foreclosure Forms
- Easement by Implication; Existing Use at the Time of
Severance
- Easements: A Primer
- Real Estate Tax Appeals; Weight of the Evidence
- Eminent Domain: Cost-to-Cure and Nominal Damages Valuation
- Construction Law; Assignment and Subrogation
- Adverse Possession; Vacant Land and Payment of Taxes with
Color of Title
- Landowner's Duty of Care
- Updates of All Kinds
|
May
2000 |
- Estoppel by Issuance of Permit
- Condemnation: Calculation of Just Compensation for Partial
Taking
- Easements Appurtenant: Conveyance and Title
- Zoning Variance - Evidence of Unique Circumstance and
Hardship
- License Moratorium - Liquor in the City of Chicago
- Partition Suits - Life Estates and Contingent Remainders
- Farm Lease - Undue Influence and Descendant's Estates
- Mortgage Sales and Servicing Agreements - Res Judicata
- Koenig & Strey "Closing Myth No. 1" - Update
- The Business of the Practice of Law; The "Tenth
Keypoint"
|
March
2000 |
- Lender's Breach of Duty of Good Faith and Fair Dealing - A
Tort Reconsidered
- Duty of Good Faith and Fair Dealing can be Abrogated by
Express Contract Terms and the Credit Agreements Act Applies to
Guarantees
- Tenancy by the Entirety and Fraudulent Conveyances; The
Illinois Supreme Court Speaks
- More Than You May Have Wanted to Know About Fraudulent
Transfers; The Statute of Limitations and Timing The Attach on a
Fraudulent Transfer
- Deed Interpretation; Do "Mineral Rights" Include
Limestone?
- Partition Suits: Public Sale and Owelty as an Alternative
to Sale
- Statute of Limitations on Contracts; Written Versus Oral
and Undisclosed Principals
- Restrictive Covenant Enforcement
- Zoning Ordinances and Application for Rezoning
- The Business of the Practice of Law; The Convergence of
Multidisciplinary Practice Issues and Efforts by Realtors to
Promote "One-Stop-Shopping" at the Expense of
Attorneys and their Clients
|
February
2000 |
- Title Insurance: Zoning Disclosure, Contract Exclusion and
Negligence
- Awarding Title on Vacated Streets or Alleys; A
Constitutional Challenge
- Condominium Declarations, Assessments, and Limited Common
Elements
- Mechanic's Lien and Quantum Meruit
- Tax Deeds, Exempt Property and Parties Entitled to Notice
- Specific Performance and the State of Frauds
- Mechanics Liens and Bankruptcy Stay, A Further Refinement
- Priority of Deeds; Tax Deeds Are Not Always
"First"
- Fee Simple Determinable by Bankruptcy Reorganization Plan
- The Business of the Practice of Law; Some Criticism and
Another Point of View
|
January
2000 |
- Residential Real Estate Property Disclosure Cases
- Fraudulent Conveyances
- Condemnation
- Builder's Duties
- Lender's Breach of Duty of Good Fair and Fair Dealing as a
Basis for an Action in Tort
Trends:
- Internet Transfer Tax Declarations
- The Business of the Practice of Law; Multidisciplinary
Practices
- The Business of the Practice of Law; Ancillary Business
- MERS and the Recording Systems
- Keeping Current With the Law and Getting
Help...Electronically
|
December
1999 |
- Lender's Breach of Duty of Good Faith and Fair Dealing as
Basis For an Action In Tort
- Title Insurance - Duty to Defend
- ISBA Advisory Opinions on Professional Conduct Affecting
Real Estate Practice
- Intentional Encroachments and Laches
- Tree Encroachment Article
- Contract Conditional Upon "Permitability" of
Vacant Lots and Slander of Title
- "AIA" Construction Contracts Viewed From
Different Perspectives
- The Consumer Fraud Act Does Not Apply to the Sale of a
Single Family Home
- Reverse (Annuity) Mortgages; Coming of Age, The Internet
and Title Insurance
- Get A Life
|
November
1999 |
- Agreement To Release Mortgage
- Landlord/Tenant: Waiver of Consent to Assignment of Lease
Presumed by Conduct
- Real Estate Tax Assessed Valuation - Lease vs License
- Partition Suits: Weight to be Given to Commissioner's
Reports
- Legal Descriptions and Inclusion in a 'TIF' District
- Constructive Trust Distinguished From Resulting Trust
- Statutes of Limitations - Trespass and Improvements Defined
- Condominium, Townhouse Associations and Cooperatives - ABA
CLE on "CO-OPTED Living"
- Fraudulent Transfers and Tenancy by the Entirety -
Simplified
- Deed Requirements Primer
|
October
1999 |
- Title Insurance Waivers and Agency Closings
- Mechanic's Liens Attorney's Fees Recovery
- Jurisdiction and Void VS Voidable Judgments
- Subleasee's Right to Notice of Early Termination of Lease
- Partition, Mineral Rights and Tenancy in Common
- Penalties For Racial Discrimination by Realtors
- Mechanic's Liens and Requiring Release of Lien as Element
of Full Performance of Contract
- Interest on Security Deposits Applies to "Pet
Deposit" and Ordinance Does Not Require Willfulness for
Penalty
- Landlord/Tenant: Cancellation of Lease and Discrimination
Tests
- ETCETERA
|
September
1999 |
- Gone Fishin' - Keypoints were not released this month due
to vacation.
|
August
1999 |
- Fiduciary Duties of Developers to Fund Reserves for
Townhomes and Condominiums
- Fraudulent Conveyances and Tax Deeds
- Lien Priority and Perfection Against Land Trusts
- Recission and the Impact of a Chapter 13 Bankruptcy
- "NUNC PRO TUNC"ing 'EM Explained, Or, "How
Not to Nullify A Bankruptcy Stay"
- The Devil is in the Details; Contract Unenforceable Without
Specifying Details Such as Price, Payment Terms, Closing Date,
and Adjustments For Taxes and Closing Costs
- ABA Proposed Changes in Rules of Professional Conduct to
Allow Multidisciplinary Practices
- State by State Summary of Real Estate Closing Procedures
- Congressional Termination of HUD's Assignment Program
Upheld
- ETCETERA
|
July
1999 |
- Mortgage Assignment Fees and Tax Escrow Suspension Fees
Reviewed by Illinois Supreme Court
- Cooperatives Create a Landlord-Tenant Relationship Allowing
Remedy of Forcible Entry and Detainer
- Eminent Domain and the Taking of "Replacement"
Property Pursuant to an Agreement Among Governmental Agencies
- Developments in Electronic Case Citations
- Trust Accounts and Real Estate Closings Explained
- Electronic Real Estate Commerce is Coming!
- Statute of Limitations on Non-Negotiable Notes, Merger, and
Vendor's Liens
- Leases and Land Trusts; Beneficiaries, Lessors and Agents
- Zoning Cases and Robert's Rules of Order
- Oil and Coal, Mineral Titles; What Do You Know?
|
June
1999 |
- Developments in Electronic Case Citations
- Trust Accounts and Real Estate Closings Explained
- Electronic Commerce is Coming!
- Enforcing Judgments Against Property Held in Tenancy by the
Entirety
- Truth in Lending and RESPA as Compulsory Counterclaims, Res
Judicata, Collateral Estoppel, and More
- Condemnation: Public Versus Private Use
- Fraud Required to Set Aside Tax Deed
- Subcontractor's Failure to Provide 90 Day Notice to Lender
Only Makes Lien Unenforceable Against Lender, Not Owner
- Valuation of Minerals for Real Estate Tax Assessment
Purposes
- "Get a Life" - try pro bono
|
May
1999 |
- Promissory Estoppel Requires Additional Consideration and
Detrimental Reliance in Addition to Conduct Inconsistent With
Enforcement of a Contractual Right
- Mechanic's Liens: Section 34 Demand to File Suit While
General Contractor is in Bankruptcy
- The Distinction of a Land Trust
- More Forgery; Fraudulent Act by One Partner Within Scope of
Partnership Imputed to Other Partners
- Attachment of Real Estate; Intent to Hinder or Delay
Creditor and Regardless of Joint Debtor's Ability to Pay
- Fair Debt Collection Practices Act and Collection on a
Forged Mortgage
- "Family Expense" Doctrine Not Applicable to Money
Loaned to Spouse
- Zoning Primer
- Environmental and Liability Overview
- "Get a Life"
|
April
1999 |
- "Knowing" Violation Under Residential Real
Property Disclosure Act An Issue of Fact
- Constructive Notice of Proceedings to Purchasers
- Care in Drafting Construction Escrow Instructions
- Abuse of Discretion in Exercising Equity At Confirmation of
Sale
- Exercise of the Right of Redemption in Tax Deed Cases
- Unambiguous Real Estate Contract Language, Summary
Judgment, "Terminate", Compounded Interest
- Landlord and Tenant: Fair Debt Collection Practices Act
- Mortgage Foreclosure: Rights to Rent After Sale
- Representation of Closing Clients in Litigation
- Some Thoughts on the "Business" of Real Estate
and Lawyering
|
March
1999 |
- Editor's Comments
- Article: Understanding Title Insurance
- Wills, Divorce and Land Titles
- Article: SIU's Survey of Law
- Truth in Lending: Substance over Form
- Article: Title Issues re: Preferences, Fraudulent Transfers
and Solvency
- Article: Post Closing Defects Overview
- "Buying a Home" and Other Useful On-Line Public
Information on the Internet at the ISBA Website
- Easements and Adverse Possession
- Reasonable Attorney's Fees in Ch. 13 Bankruptcy Reviewed
|
February
1999 |
- Real Estate Broker's Fiduciary Duty and Self-Dealing
- Further Developments on Attorney Approval Clauses
- "Unknown Occupants" and Forcible Entry Detainer
Actions
- Real Estate Titles and Descendants' Issues
- Real Estate Transaction Information Sheet
- Construction Arbitration and Award Under the Consumer Fraud
and Deceptive Practices
- Release of Lands (Liens) Concepts Discussed
|
January
1999 |
|
December
1998 |
- Private Mortgage Insurance Litigation: Mortgage Lender Not
Required to Disclose to Borrowers Circumstances Under Which
Private Mortgage Insurance Can Be Terminated
- Beware of the Business Broker's Lien Act
- Real Estate Broker's Commission Post-Foreclosure
- Is Notice Sent Directly to the Seller In A Real Estate
Transaction Unethical?
- A Primer in Easements
- Landowner's Liability to Invitee for Dangerous Condition
- The Northern District of Illinois; A "Hotbed" of
Mortgage Escrow Class Action Suits
- Adverse Possession; A Last Gasp From the Torrens System?
- Sanctions in Mechanic's Lien Cases Only Available to the
Owner
- Title Company Liability for Escrow Account Shortage
|
November
1998 |
- Landlord's Duty to Mitigate Damages; A Setoff - Not Defense
- A Private Cause of Action for Lead Paint Poisoning
- Condominium Amendments
- Lender's Liability for Forced Placed Insurance
- Senior Citizen Real Estate Tax "Tidbit"
- The Standard of Pleading in Residential Real Property
Disclosure Cases
- Extinguishing Liens in Foreclosure
- A Real Estate Lawyer's Divorce Primer (And The Divorce
Lawyer's Guide to Real Estate)
- Fair Debt Collection Practices Act Revisited With a New
Distinction
- Overview of the Unlawful Clouding of Title and Attorney's
Privilege
|
October
1998 |
- Condominium Association Lien Priority and Extent
- Surplus Proceeds of Foreclosure Sales
- Tenancy by the Entirety Revisited
- Frank Talk About Earnest Money
- Truth in Lending Defense Limitations
- "Voluntary" Agreement to Pay Discharged Debt
Constitutes an Invalid "Reaffirmation"
- Private Mortgage Insurance Cancellation
- More on Confirmation of Foreclosure Sale and Bankruptcy
Filings
- Warranty of Habitability Statute of Limitations
- FHA Insured Mortgages: Loss Mitigation Sale
|
September
1998 |
- Residential Home Inspection Issues
- Activation of an Assignment of Rents Requires Actual or
Constructive Possession
- Real Estate Tax Sale and the Automatic Stay in Bankruptcy
- Cost of Recording Assignment of Mortgages and Escrow Fees
- Counseling the "For Sale by Owner" Client
- Confirmation of Foreclosure Sales Article
- "Redemption Clogging" in exotic financing
- Mechanic's Lien Act Section 34 - Demand for Suit
- Illinois Credit Agreements Act is a Bar to Affirmative
Defenses and Counterclaims in Foreclosure - REALLY!
- Lease Provisions Exempting Landlord From Damages Arising
From Negligence is Void as Against Public Policy Regardless of
Whether Suit is Brought Under Tort or Contract Theory
|
May
1998 |
-
Moorman
doctrine application in real estate explained
-
The
Real Estate Broker’s duty to disclose continues to the closing
-
History
and politics in the North Loop Redevelopment area
-
Federal
Tax Lien Priority
-
Residential
Real Estate Contracts; Merger by Deed and Damages
-
Signatory
on Pleadings Must Be Attorney to be Valid
-
Real
Estate Transfer Tax Exemption Constitutional
-
Bankruptcy
Decision "Forecasts" Illinois Supreme Court Ruling on
Confirmation of Foreclosure Sale and Impact of Resulting
Bankruptcy Stay
-
A
Buyer Cannot be Compelled to Buy a Lawsuit...Even if There is
Title Insurance
-
Owner
Has Duty to Clear Loose Gravel from Adjoining Driveway
|