This case stems from the ill-fated Lincoln-Belmont-Ashland Redevelopment project featured on our Blog before. When a Condominium Association sued the developers based on failure to reveal construction defects, the Courts weighed in on whether the claims were time-barred. Untimely, the Appellate and Supreme Court broke with the Trial Court and found that a question of...Read More
In this Opinion the Illinois Supreme Court comes down on the side of common sense when it comes to lienable improvements under §1 of the Illinois Mechanics Lien Act. After reversing the lower Courts however, the case was sent back down to the Circuit Court to determine whether the owner of the property “knowingly permitted”...Read More
After LAB Townhomes, the developer of Henderson Square, made false sales claims, built shoddy units, and engaged in fraud and negligent conduct in order to sell units, the Condominium Association sued it under the Chicago Municipal Code's prohibition on the use of material misrepresentations, as well as Illinois case and statutory law relating to breach...Read More
Standard was entitled to the benefits of TILA – including notice of the 3-day right to rescind the loan. As Trustee, the Court pointed out, Standard held legal and equitable title to the underlying real estate while the borrower-beneficiaries held a mere personal property interest in the Trust. Because Standard had not been informed of...Read More
The Illinois Supreme Court reversed, noting that just because the Seymours had a legal duty to disclose their suit but failed to do so did not establish intent to deceive or manipulate the Bankruptcy Court. Nor, as the Defendants had asserted, did the Seymours’ 2010 Motion to Modify constitute proof that they were aware of...Read More
In LaSalle Bank N.A. vs. Cypress Creek 1, LP (Edon Construction et al.) the Illinois Supreme Court ruled on the issue of how to apportion proceeds from a foreclosure sale between the mortgagee bank and mechanics lien claimants when there weren't enough proceeds to pay both in full.Read More
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