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…

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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…

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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.…

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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…

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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…

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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,…

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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…

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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…

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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,…

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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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