The Only Bar Association
Representing the Interests Solely of Real Estate Attorneys in
Illinois.

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The Illinois Real Estate Lawyers
Association is comprised of experienced attorneys dedicated to
assisting individuals and businesses in connection with real
estate transactions of all types.
To view
the Home Page of the IRELA web site, click on

Important
Practice Tip - Cook County Real Estate Taxes . . .
Effective January 1,
2010, the calculation of the estimated (First Installment) tax
bill for Cook County changes. Instead of calculating the
estimated installment due March 1, 2010, based upon 50%
of the total tax bill for the preceding year, the calculation
will now be based upon
55% of the total
of each tax bill for the preceding year
To access and
download the text of the new law amending the Property Tax
Code, click on:
Public Act 96-0490

IRELA In The News . . .
On June 26, 2009, IRELA
Founder and Chairman John G. O'Brien was Sworn In as the 133rd
President of the Illinois State Bar Association

The Illinois Real Estate Lawyers Association congratulates
Johnny O on his accomplishment.
To view a Gallery of Photos from John's
Swearing-In on IRELA's Facebook page, click on:
O'Brien Swearing-In Photos - IRELA
Facebook Page
To view the ISBA Illinois Lawyer Now Gallery of Photos from
the Swearing-In, go to:
O'Brien Swearing-In Gallery - ISBA Illinois Lawyer Now
To view a short video of John
O'Brien's concluding remarks after being sworn in, click on:
The July, 2009, ISBA Journal
has comprehensive coverage of John O'Brien taking the helm
at ISBA. To read John's "President's
Page" column ("Now
More Than Ever")
appearing at page 328 of the issue, or the article by Helen
W. Gunnarsson entitled "Johnny
O Takes the Reins"
appearing at page 340, click on the image below.

Of interest to IRELA members,
Helen W. Gunnarsson's excellent article traces the history
of the founding and development of IRELA.
A Reception
for
John G. O'Brien
A
Reception to honor John G. O'Brien upon the occasion of
his becoming President of the Illinois State Bar Association
was held Friday, July 24, 2009 at Arlington Park.
The event was co-sponsored by IRELA and the Northwest
Suburban Bar Association.

For
view more information on the event, click on
O'Brien Reception Flyer
Reception: 2:00 p.m. - 6:00 p.m.
in the Million Room - 4th Floor
Post Time: 2:30 p.m. (start of 1st race)
Entry Fee: $25 ($35 after July 20th) (so
register now)
Includes: Admission, Program, Hors d’
oeuvres and Beverages
Registration was coordinated by the NWSBA
Special thanks to our key sponsors:
and


On June 10, 2009, IRELA
Presented a Seminar
on
"The Multi-Board Residential Real Estate Contract 5.0"

Our speakers, Robert V. Borla, of Borla, North & Associates
(left), and IRELA President Ralph J. Schumann
(right), have served on the Multi-Board Contract Drafting Committee for several years. They discussed the new contract form, with emphasis on how it differs from the prior version, and why.
To download the text of the Multi-Board 5.0 Contract, click
on:
Multi-Board Residential Real Estate Contract 5.0 -
interim (non-fillable) version
To download explanatory or
comparison materials, click on:
Fortunato March 15, 2009 Comparison Summary
Schumann June 9, 2009 Highlights Chart
IRELA PRESIDENT
Schumann Interviewed Again by Veteran Political Analyst Dick Kay

IRELA
President Ralph
J. Schumann was interviewed
again recently by
veteran journalist and political analyst Dick Kay on radio station WCPT regarding the
economic stimulus package
passed February 13, 2009, the $8,000 credit for home buyers,
foreclosures, toxic
mortgage assets and
related issues. The telephone numbers of Loss
Mitigation Departments of lenders discussed during the
interview can be found at pages 64-66 of the following Powerpoint presentation (saved as a PDF file):
Foreclosure
Defenses and Short Sales.
IRELA PRESIDENT
Column in Chicago Lawyer Magazine

IRELA President
Ralph Schumann has begun
writing a column appearing in the Chicago Lawyer
Magazine addressing issues affecting solo and small firm
practitioners. To download and read the inaugural
column from the January, 2009, issue discussing Proposed
Supreme Court Rule 5.7 and related concerns, click on the
image above.
IRELA
CHAIR and PRESIDENT
Testify at Illinois Supreme Court Rules Committee Public
Hearing on Proposed Rules of Professional Conduct

IRELA Chair and
ISBA President-Elect John G. O'Brien
and IRELA President
Ralph Schumann testified
on October 24, 2008 before the Illinois Supreme Court Rules
Committee on behalf of IRELA in opposition to adoption of
Rule of Professional Conduct 5.7 as proposed and Comment [1]
to Rule 1.8 as proposed.
O'Brien and
Schumann expressed opposition to the attempt in Proposed
Rule 5.7 to define the scope of the practice of law by
identifying
"law-related
services", and in opposition
to the inclusion of a reference to the provision of
title insurance as a
"business transaction" in Comment [1] to proposed Rule 1.8.
One of the incongruous results of the approach embodied in
the proposed rule 5.7 would be that a lawyer filling in the
blanks of a form real estate contract such as the
Multi-Board Residential Real Estate Contract for a client, a
service which current law allows a non-lawyer real estate
broker to perform without being characterized as engaging in
the unauthorized practice of law, would be found to be
engaged in a "law-related service"
and, by definition,
not the practice of law.
To download and view a copy
of Ralph Schumann's testimony at the hearing, click on:
Schumann Testimony
IRELA PRESIDENT
Interviewed on "Illinois Law" Television Program, WCIA,
Champaign, Illinois

IRELA
President Ralph
J. Schumann was interviewed on
the "Illinois Law"
television program on October 10, 2008 on factors contributing
to the Mortgage Crisis in the United States. The
moderator was University of Illinois College of Law Professor
Amy Gajda (left).
Also interviewed was University of Illinois College of Law
Professor Christine Hurt
(right). To view the program using Windows Media Player,
click on:
"Mortgage Crisis 08" Program
IRELA PRESIDENT
Speaks at ATG Seminar Entitled: "America's Mortgage Crisis:
Looking Out For Your Client"



IRELA President
Ralph J. Schumann (far left, above) spoke at an October 10th Seminar
entitled
"America's Mortgage Crisis: Looking Out For Your Client".
The seminar was presented by
Attorneys' Title
Guaranty Fund, Inc., and hosted by the
University of Illinois
College of Law. Pictured with Schumann are
University of Illinois College of Law Assistant Dean for
Communications Dave Johnson, program moderator and
Senior Vice President of Attorneys' Title Guaranty Fund,
Inc., Jerry Gorman, and U.S. Bankruptcy Judge
Thomas L. Perkins, who also
was one of the speakers on the program. To see the above
photograph as part of
Chicago Lawyer
Magazine's "Social Scene"
collage, click on:
Chicago Lawyer Social Scene
The seminar,
held Friday, October 10, 2008 from 12:30
p.m. - 4 p.m. at the Max L. Rowe Auditorium on the Campus of
the University of Illinois College of Law, 504 East
Pennsylvania Drive, Champaign, IL, addressed the origins
of the sub-prime mortgage crisis, the role of investment
banks, credit rating agencies and mortgage servicers, and
probed legislative and governmental responses, including the
Housing and Economic Recovery Act of 2008, the role of
Fannie Mae and Freddie Mac, the Illinois Anti-Predatory
Lending Database Program, and industry changes.
Schumann addressed practical suggestions for attorneys to
help clients facing foreclosure, presenting foreclosure
defenses, and short sale strategies.
For more information, click on
Attorneys' Title
Guaranty Fund, or call (800) 252-0402. To access
video of the October 10, 2008, seminar, click on:
College of Law Scholarly Events
IRELA PRESIDENT
Schumann Interviewed by Veteran Political Analyst Dick Kay

IRELA
President Ralph
J. Schumann was interviewed by
veteran journalist and political analyst Dick Kay
recently on radio station WCPT regarding the origins of the
current mortgage and financial crises, and steps borrowers
facing foreclosure can take, including arranging short sales.
Recent Meetings
On May 13, 2009, IRELA presented a seminar focused on
"Changes to the
Notary Act"
which took effect June 1, 2009,
at Belvedere Events and Banquets in Elk Grove Village.
Our speaker
was Arden Miner
of Attorneys' Title Guaranty Fund, Inc.
(center, above, with ISBA President-Elect
John G. O'Brien,
left, and IRELA President
Ralph J. Schumann, right).
To access and download the
handouts from the seminar, click on:
Notary Act Changes - Miner Handout
Public Act 95-0988, effective June 1, 2009
Sample Notarial Record Form
Biometric Information Privacy Act
Notary Act Changes Summary
Mary Umberger Column - Chicago Tribune - April 12, 2009
On January 14, 2009, IRELA presented its first in-depth
Three Hour Real Estate
Law Seminar
at Maggiano's Little Italy in Schaumburg, Illinois.
Speakers were Dick Bales, James Grogan, Tom Anselmo, Mary
McSwain, and Stuart Wolf.

Speakers
were Session I: Dick Bales
(left), Session II:
James Grogan (center), and the
Session III concluding panel discussion was chaired by
Tom Anselmo, Mary
McSwain, and IRELA Association
Attorney Stuart Wolf.
For more information and to
access and download the complete written materials from the
seminar, see the Members Only
Section of the web site.
On May 14, 2008, IRELA welcomed
Cook County Treasurer Maria Pappas, who addressed
the membership regarding the
"State of the Office of the Cook
County Treasurer: Where We Were, Where We Are, and Where
We Are Going."

Cook County Treasurer
Maria Pappas
(center) is flanked by IRELA President
Ralph J. Schumann
(left), and IRELA Founder and Chairman
John G. O'Brien.
For more information regarding
Treasurer Pappas' presentation, see the Members Only
Section of the web site.
Fighting Foreclosure
Seminar Series
IRELA recently presented
a series of free seminars for the benefit of the public
entitled:
"Fighting
Foreclosure: What Every Homeowner Should Know."
IRELA President Ralph J. Schumann and IRELA Board Members
Joseph Nery and Dennis Bordyn, along with Tammy Hajjar of
Countrywide Home Loans, spoke on this important topic
at locations in the greater Chicago Metropolitan area over a
period of months. Points covered included:
What
exactly is a foreclosure? What is the process and timeline?
What financial alternatives exist and what can be done to avoid
foreclosure? What is a short sale and how can it help
borrowers facing foreclosure?
To view and download
a Flyer describing the seminar held in Aurora, Illinois at
9:30 a.m. on May 17, 2008, click on:
Fighting Foreclosure Seminar - May 17th in Aurora
To download
the Powerpoint presentation from the May 17, 2008
seminar as a PDF File viewable with Adobe Reader, click on:
"Fighting Foreclosure" Powerpoint
as PDF

Speakers
at the May 17, 2008 "Fighting Foreclosure" Seminar were, from
left, IRELA President Ralph J. Schumann,
IRELA Board Member
Joseph F. Nery, Tammy
Hajjar of Countrywide Home Loans, and
IRELA Board Member Dennis R.
Bordyn.
IRELA PRESIDENT and IMMEDIATE PAST PRESIDENT Participate in Law Bulletin Seminars 2007 Real Estate Law Conference:

IRELA President Ralph J. Schumann spoke at the October 4th Law Bulletin Seminars 2007 Real Estate Law Conference on title issues, and Immediate Past President Aurora Abella-Austriaco
served as the moderator for the panel.

At the January 2007 General Meeting, Ralph J. Schumann was elected President of IRELA. Pictured above (left to right) are Past President Joseph R. Fortunato, Jr., Immediate Past President Aurora Abella-Austriaco, incoming President Ralph J. Schumann, and Chairman John G. O'Brien. (Jeffrey L. Picklin continues as Vice-President, and John C. Haas and Leanne W. Klein continue as Secretary and Treasurer, respectively.)
IRELA Chairman Quoted in Newsweek Magazine:
IRELA Chairman and Incoming ISBA President John G. O'Brien
is quoted in a recent issue of
Newsweek advising would-be
purchasers of new construction condominiums how to engage in
some "self-help" independent investigation regarding the complex
in which they are considering buying,
and urges them to consider critical timing issues.
To
access the complete Newsweek
magazine article at msnbc.msn.com, click
on:
Newsweek Article
- Money/ Tip Sheet/ Pros and Cons of New Condos
To
access the Newsweek
magazine article as a PDF file,
click on:
PDF Version of Newsweek article.
NOTE: You will need
Adobe Acrobat Reader Version 6.0 or newer to view this
file.
Recent Developments and Upcoming Events . .
COMMENTS FROM ANOTHER STATE ON ATTORNEY INVOLVEMENT IN REAL ESTATE CLOSINGS:
From the State of New York we have a recent interesting decision involving attorney involvement (or lack thereof) in closings. A credit union allegedly wrongfully collected from certain claimants an "early closure fee" when the homeowners refinanced their home equity line of credit. No attorney for the homeowners was present at the closing. In deciding against the credit union and awarding damages in excess of $5,000 (collected by the credit union as a "reimbursement" for "early closure of a credit line"), the court noted "Had claimants been represented by counsel, this litigation would probably not be before the Court." The Court also commented that it hoped that:
". . . the mischief being bred by not having lawyers at 'simple' closings does not lead to the 'riderless horse' of more egregious harm being suffered by the public."
To download and read the entire decision, click on:
Bonior v. Citibank, N.A.
For more information on other developments affecting the practice of real estate law in Illinois, click on the "Developments" tab above.
IRELA President Quoted in Chicago Tribune Article:
Recently elected IRELA President
Ralph J. Schumann
was quoted in a recent
Chicago Tribune article
regarding attempts by some buyers to get out of contracts.
To
access the complete Chicago Tribune
article, click
on:
Doing
The Contract Hokey Pokey -
by Marilyn
Kennedy Melia
NOTE: You will need
Adobe Acrobat Reader Version 6.0 or newer to view this
file.
IRELA Chairman John O'Brien
was quoted in a recent article appearing in the Chicago Tribune
discussing online mortgage
application processing. The article is available at:
Untangling the loan Web, by Marilyn
Kennedy Melia.
NOTE: You will need
Adobe Acrobat Reader Version 6.0 or newer to view this
file.
IRELA Board Members Participate in Real Estate
Hotline for National Home Ownership Month.
Four IRELA attorneys participated on Saturday
morning, June 10,
2006, in the "Real Estate Hotline" phone bank. Participating
volunteer professionals included (standing, from left) IRELA
Director Ralph J. Schumann, ATG Senior V.P. Hank Shulruff, IRELA
President Aurora Abella-Austriaco,
and ISBA Chairman (and recently-elected ISBA Third Vice
President) John G. O'Brien, and (seated) realtor David Kaplan,
and IRELA Director Naomi Schuster. Sponsored by ATG,
Capital Funding Corporation (CFC) and IRELA, the event attracted
callers from throughout Illinois who received answers to their
questions about buying and selling a home. Also
participating were loan origination officer Madeline Fanelli of
CFC in Lombard, and attorney Tania Stori of ATG in Champaign.
The event was designed to help educate
members of the public regarding credit score issues, mortgage
loan qualification requirements and options, legal assistance
options and other aspects of the home-buying process. For
information about the event and similar events in the future, call
(800) 252-0402 (or, from the Chicago area, (312) 372-8361).
For more information, click on
Hotline Flyer.
IRELA Attorneys Offer Commentary to
HUD on RESPA Reform
IRELA Chairman John G. O'Brien (pictured below
with Hank Shulruff of ATGF), and Aurora Abella-Austriaco, IRELA
President, were invited participants on August 4th in roundtable
discussions held in Chicago by the U.S. Department of Housing
and Urban Development (HUD) about proposed revisions to the Real
Estate Settlement Procedures Act (RESPA). The two told HUD
that it should continue to prohibit kickbacks in real estate
transactions and preserve the consumer's right to shop for
settlement services, compare prices and receive full disclosure.
IRELA Asks HUD to Preserve
Consumer's Right to Shop for Settlement Services
IRELA Chairman John O'Brien urged HUD on July
28, 2005, to continue to prohibit kickbacks in real estate
transactions and preserve the consumer's right to shop for
settlement services, compare prices, and receive full
disclosure. His comments came at an informal industry
roundtable discussion hosted by the Department of Housing and
Urban Development (HUD) on July 28, 2005, at its Washington
headquarters. To view the comments of John O'Brien
(left) and of
Henry L. Shulruff (right), senior vice president of Attorneys' Title
Guaranty Fund, Inc., click on
COMMENTS on
Behalf of IRELA to HUD Roundtable. To view the press
release issued July 28, 2005, click on
Press Release.
CHICAGO TITLE CONTRIBUTES TO IRELA:
John G. O'Brien (left), Chairman and founder of
IRELA, accepts a generous financial donation presented by Mike
Nolan of Chicago Title. Nolan, Senior Vice President and
Northwest Metro regional manager
for Chicago Title, said "This is just one way Chicago Title
shows its support of IRELA and everything it stands for in
preserving the role of attorneys within real estate
transactions." IRELA is grateful for Chicago Title's
generous assistance.
To download and view a page from Chicago Title's
recent newsletter describing the donation, click on:
Castle Link Newsletter
Page
ATG DONATES $10,000
TO IRELA LITIGATION FUND:
Peter J. Birnbaum (left),
president and CEO of Attorne ys'
Title Guaranty Fund, Inc. (ATG), presents a check for $10,000
to IRELA. Accepting the donation are IRELA Past President
Aurora Abella-Austriaco (center), and John G. O’Brien, Chairman
and founder of IRELA. The donation was in recognition of
the organization's continuing efforts to protect and educate the
public about the complexities of the residential real estate
transaction, as well as the importance of the role of the real
estate practitioner.
IRELA Letter to the Chicago Tribune
regarding Closing Costs
IRELA Chairman John G. O'Brien and IRELA
Past President Aurora Abella-Austriaco recently
sent a letter to the Chicago Tribune editorial section,
responding to a column by Ken Harney on closing costs. The
letter indicates, among other things, that currently proposed
changes to HUD rules may hurt consumers by driving up settlement
costs. To read the letter, click on:
Letter to
Chicago Tribune Editorial Section
IRELA Chairman O'Brien and President Austriaco - Cable
Television Interview
IRELA Chairman John G. O'Brien and President
Aurora
Abella-Austriaco
were recently interviewed as part of a panel for a Chicago "Real
Estate Roundtable" cable program entitled "Buying and Selling a
Home". Also on the panel were Peter J. Birnbaum, President of
Attorneys' Title Guaranty Fund, and Hank Shulruff, President of
Capital Funding Corporation. (Photo as appeared in the Daily
Herald.)
IRELA Past President Abella-Austriaco On
The Radio
IRELA Past President Aurora Abella-Austriaco was interviewed on the program entitled
"Real Issues", hosted by Kathy Worthington, on Sunday, July
31, 2006, from 6:00 a.m. to 6:30 a.m. on WRLL-AM (a Clear Channel
station), 1690 on the AM Dial. She
addressed new issues regarding real estate transactions.
Abella-Austriaco is pictured to the right
with
her parents, Patrocino and Fernando Abella. To access an article in the Daily Herald by Deborah Donovan discussing Abella-Austriaco's efforts to help her parents and other
minorities acquire real estate, click on
Daily Herald Article July 8, 2005.
IRELA Chairman O'Brien Interviewed
by Chicago Tribune
IRELA Chairman John G. O'Brien was recently
interviewed by Chicago Tribune real estate columnist Mary
Umberger. To read Mary's column on issues presented by
ownership of two-flats by unrelated buyers, click on
"You Take the Upstairs . . ."
Recent Topics and Developments
State-Wide Additional $10
Recording Surcharge
The Rental Housing Support Program has passed both houses and
has been signed by the Governor. SB 0075 creates the
Rental Housing Support Program Act which provides for grants
from the Illinois Housing Development Authority to local
administering agencies to provide subsidies for landlords to
charge rent affordable for low-income tenants. It also provides
for grants from the Illinois Housing Development Authority to
developers of affordable rental housing. To pay for the program,
a $10 surcharge will be collected to record any real
estate-related document with $1 of that going to the county and
$9 to the Rental Housing Support Program Fund. The program is
effective as of July 1, 2005, and the surcharge will be imposed
beginning August 1, 2005. State Agencies, Units of Local
Government and School Districts are excluded from the surcharge.
Some county recorder offices may collect the $10 surcharge only
on documents with an effective date of August 1, 2005 or later.
For more information, and a list of the types of documents which
will trigger the surcharge, click on:
Department
of Revenue Bulletin
Home Inspector Licensing Update
To access the section of the web site for the Office
of Banks and Real Estate that has links to the new rules
for licensing of home inspectors and to the text of the Illinois
Home Inspector License Act as amended, click on:
OBRE Home Inspectors Information
City of Chicago Water Certification
Fee Increase
The City of Chicago fees for Water
Certifications are now $25.00.
What`s New:
CASE LAW Section of "Members
Only" Section Debuts:
A new feature of the "Members Only" section of this web site
is now available. The "Case Law" sub-section will provide
links to selected decisions impacting the practice of real
estate law. IRELA Members, visit the "Members Only"
section and check it out.
(Click
on "Case
Law"
in the menu in the left margin in the "Members Only" section.)
Illinois Courts Official Web Site:
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ILLINOIS COURTS OFFICIAL WEB SITE
at http://www.state.il.us/court
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The Illinois Courts Official Web Site
can be accessed through this web site. It contains a wealth
of information regarding the Illinois Supreme Court, as
well as the Illinois Appellate Court and Circuit Courts.
The web site also includes a link under the heading of
"Bar Associations and Related Links" to IRELA`s web site. |
John
G. O'Brien, Chairman of the Board
of IRELA (left), recently presented an award from IRELA
to Peter Birnbaum,
President of
Attorneys' Title Guaranty Fund, Inc., in appreciation for his
contributions toward protecting consumers, promoting the vital
role of attorneys in real estate transactions and upholding the
ideals of IRELA. (See more information in the "Members Only"
section of this website.)
Joseph R. Fortunato, Jr., Past President of IRELA, is pictured at left at a recent IRELA
meeting in Chicago with Past ISBA President Irene F. Bahr. Joe Fortunato is
to the right of Irene Bahr, and to the right of Mr. Fortunato
is IRELA Chairman of the Board, John O`Brien.
Fortunato, has long been active in the DuPage
County Bar Association, the Illinois State Bar Association Real
Estate Section, and in IRELA. John O'Brien has recently
been elected Third Vice President of the ISBA.
J ohn O`Brien,
Chairman of the Board of IRELA, has been elected Third Vice
President of the ISBA.
O'Brien also
serves on the Board of Governors, and as Vice-Chair of the ISBA Task Force on the
Unauthorized Practice of Law. O`Brien, who served
five consecutive terms as president of the Illinois Real Estate
Lawyers Association, saw IRELA grow under his leadership from
a group of a few dozen lawyers in 1997 to an organization of
over 2,000 members which has gained a reputation nationally
for its efforts in combating the unauthorized practice of law.
John has championed the cause of the real estate lawyer and the
consumer for the past ten years, and has been called "the
Illinois real estate lawyer's finest advocate".
O`Brien also serves on the board of directors
of Attorneys' Title Guaranty Fund, Inc., and has received the
Northwest Suburban Bar Association's President's Award for
his distinguished public
service efforts in protecting the public against the unauthorized
practice of law.
To access one of many articles in which John O'Brien is quoted
discussing real estate matters, click on:
"Legal Ease" Article
Multi-Board Residential Real Estate Contract
"Knock-off" Alert:
Some unauthorized versions of the copyrighted
Multi-Board Residential Real Estate Contract (the "Common
Contract") used widely in Illinois are still surfacing with
deceptively altered provisions. Typically, a service provider
such as a title insurance company modifies the authorized contract
form by, e.g., inserting a provision in the "Title" paragraph
requiring that it be used as the source of title insurance for
the transaction, and sometimes this change is accompanied by
a modification of the attorney review clause blocking attorneys
from proposing modifications to, e.g., "stated purchase price and
title insurance company". For more information on this issue, please
click on the "Developments" button above and then click
on "Contract Alert" in the menu box on the left margin.
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IMPORTANT CASE INTERPRETING "SOLE INTENT" STANDARD
IN TENANCY BY THE ENTIRETY SITUATION DECIDED BY SECOND
DISTRICT
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In La Salle Bank v. DeCarlo,
(Docket # 2-01-1146, Decided January 17, 2003) the Illinois
Appellate Court, Second District, has addressed the issue
of "sole intent" in connection with a post-judgment transfer
of residential property. Affirming the decision of the
Circuit Court of DuPage County (Honorable Bonnie M. Wheaton)
setting aside a transfer of residential property formerly
held in joint tenancy into Tenancy by the Entirety,
the appellate court stated that the intent of the spouse
who claimed to have no knowledge of the underlying litigation
that resulted in a judgment against her husband (or of
the judgment itself) was "irrelevant" and concluded that
the transfer of the title to Mr. DeCarlo`s residence into
tenancy by the entirety was made "with the sole intent
to avoid the payment of debts existing at the time of
transfer" beyond DeCarlo`s "ability to pay those debts
as they became due." To view the case, click on the
heading of this paragraph. |
IRS Issues Home Sale Exclusion Rules
IRS regulations issued recently shed light on
questions relating to the 1997 law that substituted a capital gains
exclusion of up to $250,000 ($500,000 for a married couple filing
jointly) for the old "replacement residence" rules. The regulations
answer questions such as how to determine if a home is a principal
residence, how to allocate gain between residential and business
uses of a property, and under what "unforeseen circumstances" an
exception to the usual two-year ownership requirement will be
available (e.g., a move triggered by a "divorce or a legal
separation" may qualify). To access the relatively readable IRS
article on this topic, click on: IRS Newsroom Article on Home Sale Exclusion Rules
IRELA PAST PRESIDENT JOE FORTUNATO SOUNDS
OFF! Joe Fortunato responds to a Letter to the Editor
in the ISBA Bar journal on the economics of the practice of real
estate law. For more background on the relationship between the
economics of a real estate practice and the need to guard against
the unauthorized practice of law, click on the following link to
download his response to the Editor.
Fortunato Letter
to ISBA Bar Journal Editor
Unauthorized Practice of Law Updates . . .
IRELA SETTLES THREE YEAR OLD LAWSUIT WITH ONE WORLD TITLE:
The Illinois Real Estate Lawyers Association announced March 26, 2007 that it has settled its unauthorized practice of law suit against One World Title, a Crystal Lake title company, and Realtor Richard O'Connor. IRELA Chairman John G. O'Brien stated the association filed the suit because the Realtor and the title company were substituting their judgment for that of the seller's lawyer regarding certain key functions of attorneys in real estate transactions, and were, in effect, telling attorneys when they could start to practice law. The settlement "recognizes and affirms the traditional role and and importance of the lawyer in this process," and provides important protections for members of the public engaging in real estate transactions. "It's a real victory for the consumer," said O'Brien.
Click here to download and read the March 26, 2007, press release:
PRESS RELEASE
Click here to download and read the March 26, 2007 article concerning the settlement by Pat Milhizer of the Chicago Daily Law Bulletin:
ARTICLE
NOTE: You will need Adobe Acrobat Reader Version 6.0 or newer to view these files.
IRELA HAS SETTLED ITS LAWSUIT AGAINST KOENIG
& STREY. READ
ALL ABOUT IT!!The Illinois Real Estate Lawyers
Association (IRELA) is pleased to announce that IRELA and the Koenig
& Strey Defendants (Koenig & Strey/GMAC Real Estate and Ft.
Dearborn Title) have reached a settlement in the litigation
captioned: The Illinois Real Estate Lawyers Association, an
Illinois not-for-profit corporation v. Koenig & Strey, Inc. and
Koenig & Strey Title Company, Inc., formerly pending in
the Circuit Court of Cook County, Chancery Division, Case Number 00
CH 10063. The parties reached settlement on the unauthorized
practice of law count brought by IRELA and the Counterclaim brought
by Defendants. The terms of the settlement are incorporated into a
Consent Decree entered by the Honorable Richard J. Billik,
and are available on this web site. For a complete copy of the
Consent Decree and the accompanying joint press release,
click here:
Consent Decree
 (38.8 KB; Download time:
0 min. 14 sec. on 56 Kbps modem) The settlement of the
lawsuit with Koenig & Strey followed established principles set
forth in the Illinois Supreme Court`s ruling regarding unauthorized
practice of law in Chicago Bar Association, et al. v. Quinlan
and Tyson, Inc., 34 Ill. 2d 116, 214 N.E.2d 771 (1966).
Koenig & Strey acknowledges and agrees in the Consent Decree
that "the certain February 9, 2000 internal KST electronic mail
message entitled `Closing myth number 1,` to the extent that message
suggests that anyone other than a licensed attorney may perform
legal services, was mistaken," and the terms of the Consent Decree
reaffirm the realtor`s obligation to comply with the requirements of
Quinlan and Tyson. For a complete copy of the
Quinlan and Tyson decision, click here:
Quinlan and Tyson decision
 (33.8 KB; Download time:
0 min. 14 sec. on 56 Kbps modem) The Joint Press Release
issued by the parties states, in pertinent part: As a result
of this litigation, OBrien was referred to in the popular press as
the "Turf Warrior," but, according to the associations corporate
attorney, Stuart Wolf of Arlington Heights, "It is not a description
he necessarily deserves." According to Wolf, "It is not turf that is
at stake. Lawyers are not at risk. Clients are at risk if they
proceed to closings without independent lawyers actively
representing their interests as sellers, buyers and borrowers."
(Koenig & Strey GMAC Real Estate President Christopher J.) Eigel
does not disagree. "Often times lawyers are the best insurance we
have at closings," he said.
KOENIG & STREY LITIGATION PRESS
RELEASE: For Immediate Release On June 11,
2001 ILLINOIS REAL ESTATE LAWYERS ASSOCIATION, KOENIG
& STREY REACH SETTLEMENT ENDING A LAWSUIT OVER ISSUE OF
UNAUTHORIZED PRACTICE OF LAWIn an agreement that both
parties claim is a victory for Illinois consumers, a settlement has
been reached between the Illinois Real Estate Lawyers Association
(IRELA), Koenig & Strey Real Company, Inc., and Koenig &
Strey Title Company (d/b/a Ft. Dearborn Title Company), ending a
lawsuit that has been pending since July 2000. Under the
terms of the consent decree signed by Cook County Circuit Judge
Richard J. Billik, Koenig & Strey agreed to reaffirm its
policies and practices regarding the use of independent attorneys in
the purchase and sale of real estate by their clients. In all
transactions, Koenig & Strey agreed to recommend to its clients
- both buyers and sellers - that they retain an independent attorney
to represent them, according to Christopher Eigel, Koenig &
Strey president. The plaintiff, IRELA - a three-year-old
association with more than 1,100 members statewide - acknowledged in
the consent decree that some of the association`s members made
statements that Koenig & Strey claims have damaged their
business reputation. John O`Brien, an attorney in private practice
in Arlington Heights who is IRELA president, said that IRELA has
agreed to encourage its officers and members to work cooperatively
with Koenig & Strey in servicing their mutual
clients. "The consent decree represents a victory for
Illinois consumers who should not be misled to believe that
independent legal counsel is unnecessary in what, for most, is the
biggest investment they will make in a lifetime," stated
O`Brien. The lawsuit was filed July 10, 2000, following the
publication of " Closing Myth #1," an internal e-mail from Koenig
& Strey Title Company, informing Koenig & Strey employees
that lawyers were not needed to close a real estate transaction in
Illinois. In its lawsuit, IRELA requested that the defendant "cease
and desist" from encouraging such action which it said constituted
the unauthorized practice of law. Eigel has since said that
Koenig & Strey had no intention of replacing lawyers at the
closing table. "We welcome lawyers because their presence is almost
always an indication that legal problems will be resolved at or
before closing," he said. The terms of the consent decree
are available from both parties` web sites (IRELA web site:
www.reallaw.org and Koenig & Strey web site: www.ksgmac.com).
Koenig & Strey was represented by J. Andrew Langan, of
Kirkland & Ellis, and IRELA was represented by William J. Anaya,
then of Johnson & Bell, Ltd. and Stuart H. Wolf.
IRELA is Growing -- Help Us Grow
We are pleased to announce that our
registered membership is now over 2,000 members! As we all close
deals in the coming weeks, check whether your opposite number is an IRELA member. If not, encourage him or her to join. We are doing
important work on behalf of the profession, and the support of real
estate practitioners is vital. Remember, new members can apply
online (by clicking the "Members" button above and then selecting
the "JOIN IRELA" button on the pop-up menu in left margin). If you
would like a supply of brochures / membership applications, contact
us at
info@irela.org.
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