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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.




 

News . . .

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

John O'Brien and his wife, Karen Justice Fitzgerald Swears In John O'Brien

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 QUOTED:

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 Attorneys' 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 Photo by Paul Beaty of the Daily Heraldwith 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:

ILLINOIS COURTS OFFICIAL WEB SITE at http://www.state.il.us/court
  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.

More News!

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. 


John 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.

AMENDMENT TO TENANCY BY THE ENTIRETY REQUIREMENTS!!
  The requirements for Tenancy by the Entirety have been eased. Now, it is sufficient to indicate "John Q. Client and Mary T. Client, his wife, as tenants by the entirety" to create this estate. IRELA is pleased to have been instrumental in bringing about this change, which should make life easier for all of us. To view a summary of Public Act 92-0136, click on the heading above.

IMPORTANT CASE INTERPRETING "SOLE INTENT" STANDARD IN TENANCY BY THE ENTIRETY SITUATION DECIDED BY SECOND DISTRICT
  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 LAW

In 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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