Real Estate
“Dead” Corporation Can’t Claim Attorney-Client Privilege
Corporate Law Roundup Sharp Thinking No. 210 Perspectives on Developments in the Law from Sharp-Hundley, P.C. June 2022 “Dead” Corporation Can’t Claim Attorney-Client Privilege A dissolved corporation which is not engaging in winding up activities and has no active management may not assert the attorney-client privilege, a panel in the Appellate Court’s…
Read MoreCOVID Case Highlights Impossibility, Related Issues
Focus On Contract Law Sharp Thinking No. 207 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2022 COVID Case Highlights Impossibility, Related Issues By John T. Hundley, Sharp Thinking Editor A restaurant operator which attempted to have its rent obligations set aside under the doctrines of impossibility, impracticability and commercial frustration failed to…
Read MoreDefective Tenancy By Entirely Creates Joint Tenancy
Real Estate Roundup Sharp Thinking No. 201 Perspectives on Developments in the Law from Sharp-Hundley, P.C. October 2021 Defective Tenancy By Entirety Creates Joint Tenancy A defective attempt to create a tenancy by the entirety results in a joint tenancy, not a tenancy in common, a panel of the Appellate Court in Chicago has ruled.…
Read MoreForeclosure Fee Unconstitutional, High Court Rules
Mortgage Law Roundup Sharp Thinking No. 200 Perspectives on Developments in the Law from Sharp-Hundley, P.C. September 2021 Foreclosure Fee Unconstitutional, High Court Rules Illinois’ special $50 fee for filing mortgage foreclosure cases is unconstitutional, the Illinois Supreme Court has ruled. Acting in Walker v. Chasteen, 2021 IL 126086, the high court characterized the…
Read MoreGeneral Description of Improvements Held Sufficient
Mortgage Law Roundup Sharp Thinking No. 193 Perspectives on Developments in the Law from Sharp-Hundley, P.C. February 2021 General Description Of Improvements Held Sufficient Failure of the plaintiff to include in the mortgage foreclosure sale notice detailed information about the improvements on the property does not constitute such a failure in the notice…
Read MoreAttacks On Void Judgment Rule Continue Apace
Mortgage Law Roundup Sharp Thinking No. 188 _Perspectives on Developments in the Law from Sharp-Hundley, P.C. _ September 2020 Attacks On Void Judgment Rule Continue Apace By John T. Hundley, john@sharp-hundley.com Attacks on the principle that a void judgment may be attacked at any time continue apace in the Appellate Court’s Second District. In April,…
Read MoreCourt Issues Primer On Lis Pendens
Real Estate Roundup SharpThinking No. 180 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2020 Court Issues Primer On Lis Pendens By John T. Hundley, 618-242-0200, john@sharp-hundley.com The Appellate Court’s Third District has issued a valuable primer on the theory and use of the doctrine of…
Read MoreSeparate Series Status Must Be Asserted Promptly
Corporate Law Roundup SharpThinking No. 181 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2020 Separate Series Status Must Be Asserted Promptly By John T. Hundley, 618-242-0200, john@sharp-hundley.com A series limited liability company (“LLC”) may not rely on a conclusory assertion of its separate existence and may be estopped from asserting…
Read MoreRealty “Flippers” May Be Liable Under Consumer Fraud Act
Real Estate Roundup SharpThinking No. 178 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2020 Realty “Flippers” May Be Liable Under Consumer Fraud Act While an individual who sells his or her own residence to another individual generally is not subject to Illinois Consumer Fraud & Deceptive Business Practices Act, 815 ILCS 505,…
Read MoreRefi Mortgage Can Take Priority Of Prior Mortgage
Banking Law Roundup SharpThinking No. 173 Perspectives On Developments In The Law From Sharp-Hundley, P.C. October 2019 Refi Mortgage Can Take Priority Of Prior Mortgage By John T. Hundley, John@sharp-hundley.com, 618-242-0200 A mortgage…
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