Steven B. Bashaw, P. C. 

   Providing Real Estate, Real Estate Litigation, Transactions and Mortgage Foreclosure services for 30 years.

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Real Estate Keypoints Archive

This page contains the Keypoints archive from May 1998 to November 2006.

You may perform a full search on the keypoints archive for specific subject matter by going here.


Date Article Contents/Synopsis
November 2006












October 2006












  • The keypoints listing will be updated soon.  All updates will now be posted in Adobe Acrobat format to simplify the updating process.  Adobe Acrobat Reader is free and can be used to view these documents.

November 2004
  • File is available.  Index to be updated.

October 2004
  • File is available.  Index to be updated.

September 2004
  • File is available.  Index to be updated.

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
  • See May 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


  • Summer Vacation


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


  • 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
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
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
  • Reflections of 1998
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


Updated: 10/26/2019