Illinois Real Estate Lawyers Association Recent News

Legislative Update: 2025 Spring Session

Tue, 12 Aug 2025 23:00:00 GMT

In the early hours of June 1, both chambers of the Illinois General Assembly gaveled out of the 2025 regular spring session and will not return to Springfield until the fall veto session scheduled for October 14-16 and 28-30. The legislature passed 432 of the 6747 bills that were filed.

The IRELA Legislative Committee continued its weekly bill review process throughout the session to identify all relevant legislation. The committee identified and reviewed 61 bills applicable to real estate lawyers. These bills were discussed and debated, positions taken (support, oppose, neutral), lobbied, and tracked.

The committee proactively engaged on a few bills on behalf of IRELA members. They are as follows:

SB 1563 (Sen. Collins/Rep. J. Williams) – Eviction-Criminal Trespass: Provides that nothing in the Eviction Article may be construed to: (i) prohibit law enforcement officials from enforcing the offense of criminal trespass under the Criminal Code of 1963 or any other violation of the Code; or (ii) to interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.

The committee voted to support this bill. The committee ensured IRELA submitted a witness slip in support of the bill, engaged the sponsors and chairs to ensure they knew the organization’s position, and put out a press release in support.

This bill passed both chambers and is awaiting the Governor’s signature.

HB 3564 (Rep. Syed/Sen. Simmons) – Allowable Landlord Fees: This bill would require the following:

All non-optional fees must be disclosed on first page of lease agreement;
All non-optional fees must be disclosed in residential property listing;
Landlord must disclose in a lease agreement or listing whether utilities are included;
Prohibition on certain “junk” fees:
- Application fee, including background check, above $50
- Fee or fine ancillary to the application fee
- Fee or fine for modification or renewal of agreement
- Fee or find for eviction notice or filing an action prior to the court granting an eviction order
- Fee or fine for after-hours maintenance requests
- Fee or fine for directly contacting the building owner or property manager for maintenance/service requests, lease-related questions, or other items directly related to the tenancy
- Fee or fine for travel required to complete needed maintenance work or safety repairs
- Fee or fine for a maintenance hotline service or a call to a maintenance hotline service
- Fee or fine for routine maintenance or upkeep of the unit
- Fee or fine to set up an online account or portal to pay rent or utility costs
- Fee or fine for pest abatement or removal when the tenant has in no way contributed to the infestation
- Fee or fine for in-person walk through for move in or move out
Prohibits a landlord from charging a tenant both a security deposit or a move-in or move-out fee;
Limits security deposit to the amount of the unit’s first full month’s rent; and
If a landlord charges a move-in or move-out fee, the landlord must provide the tenant with an itemized list of the landlord’s estimate for the cost of services, including bundled services. A tenant may opt out of the bundled services.
- The committee voted to oppose this bill as being too limiting to the ability of landlords to charge needed fees. The committee developed a list of proposed changes to the bill. We were able to share those positions with legislative leaders, committee chairs, bill sponsors, and relevant stakeholders.
- - While not all of those proposed changes were incorporated in amendments to the bill, we were able to ensure this bill did not pass in the final hours of the session.

Ultimately, there was no legislation passed that would negatively impact members, including any Title Insurance Act reforms.

As to title reform efforts, the Illinois Land Title Association did not have a bill filed on its suggested reforms this session. They do plan to convene meetings this summer to revisit their proposals in advance of filing a bill again next session.

One somewhat related bill filed toward the end of session was SB 2648 (Sen. Cunningham), which would move the regulation of title insurance from the Illinois Department of Financial and Professional Regulation to the Illinois Department of Insurance. The committee agreed to take no position at this time, but will continue to monitor. The bill was filed to generate conversation, not yet passage, and there will be summer conversations on this issue as well.

As to other relevant bills the committee reviewed, there were three other bills IRELA was tracking which passed. They include the following:

HB 28 (Rep. J. Williams/Sen. Martwick) – Creates the Illinois Receivership Act. Creates a process in which a person is appointed by the court as the court's agent under the court's direction to take possession of, manage and, if authorized by the Act or court order, transfer, sell, lease, or otherwise dispose of receivership property. Provides criteria for a court to provide notice and opportunity for a hearing as appropriate before the court can issue an order under the Act. Applies to real property and any personal property related to or used in operating the real property, personal property and fixtures, and other business assets such as corporations, limited liability companies and trusts among other things. Provides that this Act does not apply to (i) an interest in real property improved by one to six dwelling units with some exceptions; (ii) a receiver that is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit unless the unit elects for this Act to apply; and (iii) a receiver appointed under the Illinois Mortgage Foreclosure Law.

The bill is on the Governor’s desk awaiting his signature.

SB 83 (Sen. D. Turner/Rep. Tarver) - Amends the Small Estates Article of the Probate Act of 1975. Allows a small estate affidavit to be used to transfer personal property in a decedent's estate if: (1) no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in the State or in any other jurisdiction; and (2) the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 and motor vehicles registered with the Secretary of State. Makes a corresponding change in the form for a small estate affidavit. Provides that the changes made to the Act apply to a decedent whose date of death is on or after the effective date of the amendatory Act.

Provides that if the small estate affidavit is being used solely for a title transaction with the Secretary of State for the transfer of the decedent's motor vehicle or vehicles, it may be used to do so in accordance with the provisions for transfer by operation of law under the Illinois Vehicle Code without consideration of the value of the decedent's personal estate. Provides that any motor vehicles that are registered with the Secretary of State in the decedent's entire personal estate passing to any party either by intestacy or under a will must be included in the affidavit with a description of each motor vehicle by make, body type, year, and vehicle identification number.

The bill is on the Governor’s desk awaiting his signature.

SB 1443 (Sen. Hastings/Rep. Didech) - Amends the Mortgage Act. Provides that the Act does not abrogate the Illinois common law that the payment in full of a debt secured by a mortgage extinguishes the lien. Provides that payment in full of a debt secured by a mortgage pursuant to a payoff statement, as defined in the Mortgage Certificate of Release Act, issued by or on behalf of the holder of the indebtedness extinguishes the lien of the mortgage.

The bill is on the Governor’s desk awaiting his signature.

Press Release

Fri, 02 May 2025 21:15:00 GMT

For Immediate Release

IRELA Supports New Illinois Law to Combat Squatting and Protect Property Owners

Chicago, Illinois — The Illinois Real Estate Lawyers Association (IRELA), in its capacity as an advocate for the real estate legal community, fully supports the newly proposed legislation aimed at combating squatting in Illinois. The law, which has passed the Illinois Senate and is now moving to the House, provides law enforcement with the ability to remove squatters from properties without requiring homeowners to undergo the lengthy and often expensive eviction process.

The new law comes as a direct response to an alarming rise in squatting cases, particularly in vacant homes that are listed for sale on the Multiple Listing Service (MLS). These homes have become prime targets for squatters who unlawfully take residence and create a significant burden for property owners.

As the voice of real estate attorneys in Illinois, IRELA members have seen firsthand how squatters exploit vacant homes in the MLS for their personal gain. Our attorney members routinely handle cases where individuals have entered properties with no legal right to do so, causing financial and emotional distress for property owners. In many instances, these squatters use fraudulent documents to claim possession and delay rightful eviction proceedings. These actions do not only affect large institutional owners but also take a toll on individual homeowners and mom-and-pop landlords across the state.

"It’s essential that Illinois provides clarity on the issue of squatting and gives law enforcement the tools they need to protect property owners," said Adam Wilde, Vice President of IRELA. "This legislation is not just about protecting big investors but about ensuring that real people—our neighbors and our local landlords—are not forced to navigate the complex and burdensome eviction process due to the illegal actions of those who unlawfully occupy their properties. This law will be a game-changer in restoring peace of mind for property owners throughout Illinois."

Squatters targeting vacant properties listed on the MLS have been a significant challenge for homeowners and small investors. A vacant home is often seen as an easy target, especially when no one is actively monitoring the property. IRELA’s members have reported numerous cases where squatters have used this strategy to their advantage, delaying the sale of properties, causing costly repairs, and exacerbating the emotional and financial distress of property owners.

IRELA believes that the new law will bring much-needed relief and clarity to the real estate industry. By providing law enforcement with the authority to swiftly remove squatters without requiring an extensive eviction process, the law ensures that property owners can regain control of their properties without enduring lengthy delays.

We would like to extend our gratitude to Illinois State Senator Lakesia Collins (5th District) for sponsoring Senate Bill 1563, and to Illinois State Representative La Shawn Ford (8th District) for championing the bill in the House. Their leadership and commitment to addressing this critical issue are commendable.

We look forward to the continued support of lawmakers, real estate professionals, and advocacy groups as this law moves through the legislative process. We are confident that it will be a crucial step toward protecting the rights of property owners throughout Illinois.

Legislative Update: 2024 Spring Session

Nina Vidmer — Mon, 17 Jun 2024 13:46:23 GMT

The Illinois General Assembly just recently finished the 2024 Spring session with the passage of 422 of the over 6000 bills filed in both the Senate and House.

Once again, the Advocacy Committee went through an extensive bill review process throughout the session to identify all issue-relevant bills. Through a number of legislative review meetings, the committee identified 59 bills applicable to real estate lawyers. These bills were discussed and debated, positions taken (support, oppose, neutral), lobbied, and tracked.

We were able to share those positions with legislative leaders, committee chairs, bill sponsors, and relevant stakeholders through our lobbyist. And, once again, we were able to ensure there was no legislation passed that would negatively impact members, including any Title Insurance Act reforms.

As to title reform efforts, large stakeholder meetings were held during the final months of 2023 and beginning months of 2024. Those meetings included IRELA members and representatives from the Illinois Land Title Association (ILTA), Office of the Attorney General, Illinois Department of Professional Regulation, Illinois State Bar Association, and others.

The beginning of session saw the filing of competing reform bills in the form of HB 4941 (ILTA) and HB 4555 (PNTN). Despite efforts to find consensus on these bills, none was reached, and these bills did not advance to passage.

As to other relevant bills we reviewed, there were five bills IRELA was tracking which passed. They include the following:

HB 5502 – As originally filed, this bill prohibited the resell of any real estate purchased for renovation and resale within six months of purchase. IRELA’s lobbyist engaged the sponsor on understanding the intent and purpose of this language.

The sponsor then decided to change this bill to prevent a condominium association from exercising any right of first refusal, option to purchase, or right to disapprove a sale for a discriminatory or other unlawful purpose. It provides a private right of action for any aggrieved person in State circuit court against the condominium association.

The bill is on the Governor’s desk awaiting his signature.

SB 2601 – This bill requires every landlord to disclose, in writing, whether a property is in a FEMA 100-year floodplain before the signing of a lease or renewal. The landlord is also required to disclose any actual knowledge of flooding of that property or parking area, and the frequency of that flooding.

Specific to lower-level units, the landlord is required to disclose whether a lower-level unit has experienced any flooding in the last 10 years, and the frequency of that flooding.

Flooding is defined as a general or temporary condition of partial or complete inundation of a dwelling or property caused by:

(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or
(3) rainfall.

If any landlord fails to comply with the required disclosure, the tenant may terminate the lease and receive all advance rent and fees paid. If there is failure to disclose and flooding occurs which results in damage, the tenant may bring a private right of action to receive the cost of damaged or lost personal property.

The bill is on the Governor’s desk awaiting his signature.

Important to note, the sponsor had a companion bill, SB 2602, which would have required a landlord to maintain flood insurance if leasing any lower-level that flooded at least once in the last 10 years. That insurance would need to cover the personal property of the tenant. IRELA’s lobbyist engaged the sponsor and other like-minded stakeholders regarding the association’s opposition to this bill. The sponsor decided not to move forward with the bill.

SB 2740 – This bill went through a number of helpful changes before its final passage. Originally, the bill required a condominium board of managers to adopt a policy that a disabled unit owner who requires an accessible parking space has access to the building. Also, if an ownwer of an accessible parking space was unable to sell that space, the association was required to purchase the parking space at fair market value and ensure the space was made available to disabled persons.

In the end, the bill required a condominium board of managers to adopt a policy with procedures for disabled unit owner to submit a request for an accessible parking space, and review that request within 45 days. The board shall make reasonable efforts to provide for accessible parking when the association does not own or control parking that meets the needs of the disabled unit owner. It further requires any new construction or conversion of a condominium must ensure all accessible parking spaces remain common elements. Renting or selling of the accessible parking spaces to non-disabled owners is allowed, but a disabled owner has priority and the non-disabled owner must stop using the common element space upon the board approval of a request by a disabled owner for accessible parking.

This bill is still awaiting being sent to the Governor for signature.

SB 2919 – IRELA’s lobbyist engaged the sponsor of this bill and attended multiple stakeholder meetings to monitor its progression. The bill allows for a judicial sale through the engagement of a third party online sale provider by the sheriff. The mortgagee in a foreclosure may request this type of sale. The notice of sale shall include whether the sale will take place online, in person, or both. If online, the website for online bidding must be included. Bidding for residential real estate must be held open for up to three days, but may be extended to allow for all active competitive bidding to occur. Bidding shall be open to everyone for the entire duration of the bidding period. The sheriff may charge additional reasonable fees for costs associated with the online sale. The purchaser must provide the sale deposit and balance due to the sheriff at least 24 hours after the end of the sale.

This bill is still awaiting being sent to the Governor for signature.

SB 3551 – This bill allows for “shared appreciation agreements.” Shared appreciation agreements are defined as a writing evidencing a transaction or any option, future, or any other derivative between a person and a consumer where the consumer receives money or any other items of value in exchange for an interest or future interest in a dwelling or residential real estate or a future obligation to repay a sum on the occurrence of an event, such as:

(1) the transfer of ownership;
(2) a repayment maturity date;
(3) the death of the consumer; or
(4) any other event contemplated by the writing.

The borrower shall be provided counseling before taking any legally binding action on a shared appreciation agreement. The borrower cannot waive this counseling.

This bill is still awaiting being sent to the Governor for signature.

While we have gotten past the regular Spring session, the current General Assembly will be back for a few weeks for the fall Veto session on November 12-14 and November 19-21. They will return again for a Lame Duck session before the new General Assembly is sworn in on January 8, 2025. This means there will be more opportunity for some bills already filed to be resurrected and new bills to be filed we have not yet seen.

This opportunity for more action could include legislation on title reform from ILTA. On June 6, ILTA hosted a title reform stakeholder meeting in which it notified participants it would be working on preparing a new version of this bill to be ready for review this summer. IRELA members attended and advocated for its members. The Advocacy committee will continue its work to protect Illinois real estate lawyers on this and other issues.

Legislative Update: HB5538

Nina Vidmer — Wed, 13 Mar 2024 11:39:32 GMT

Over the last few weeks, IRELA worked with stakeholder partners to ensure harmful new regulatory legislation did not move forward. The Illinois Department of Financial and Professional Regulation (IDFPR) had HB 5538 filed with the intent to provide expansive new powers to investigate, examine, subpoena, and fine regulated entities, such as those broadly involved in title insurance activities.

We communicated with the chairperson of the House Financial Services committee and staff at IDFPR. We ensured our opposition to this bill was known. On March 12, the sponsor of HB 5538 amended the bill in committee instead of moving the original bill. The amendment removed all of the previously proposed new powers. After the hard work of those involved, the bill is now reduced to a simple, technical clean-up of the statute with no substantive provisions harmful to IRELA members.

Advocacy 2023 End of the Year Report

Nina Vidmer — Mon, 15 Jan 2024 21:22:42 GMT

In 2023, the Illinois Real Estate Lawyers Association (IRELA) achieved yet another successful session dedicated to safeguarding the best interests of its members. The Advocacy Committee meticulously reviewed all real estate-related bills, successfully advocating for our legislative priority's passage in the General Assembly. Moreover, we diligently ensured that any enacted legislation would not adversely affect our members, countering potential challenges such as the market reform initiative proposed by the Illinois Land Title Association (ILTA). Throughout this process, IRELA strengthened existing alliances and cultivated new, valuable connections, solidifying its standing with legislators and stakeholders at the Capitol.

The Advocacy Committee devised and executed a comprehensive process to assess all legislation pertinent to the issues at hand. IRELA's lobbyist, Jay Curtis, meticulously scrutinized the 6,959 bills filed in both the House and Senate, compiling detailed lists for the committee's examination to determine our stance on each – whether to support, oppose, or maintain a neutral position.

From the onset of the session and through the veto session, the committee convened regularly to deliberate on and monitor on the advancement of all bills of significance. They also played an active role in opining on nearly 100 bills concerning real estate law, such as taxes and credits, tenant-landlord relations, consumer protections, digital and remote work processes, licensing, record-keeping, disclosure requirements, and market reforms proposed by ILTA. Conclusively, the committee formulated positions on these bills, and through our lobbyist, Jay Curtis, shared our positions with legislative leaders, committee chairs, bill sponsors, and relevant stakeholders.

It is noteworthy that by the end of the November veto session, no legislation harmful to members was passed, including yet another set of bills introduced by ILTA.

More importantly, IRELA achieved success in the passage of its priority legislation for the session. In continuation of last year's modernization of the Residential Real Property Disclosure Act, we successfully advocated for the inclusion of language that specifically safeguards the interests of trusts and estate lawyers within the Act. Sponsored by Rep. Curtis Tarver and Sen. Elgie Sims, HB 2098 clarified the definition of "seller" to exempt a beneficiary who has both (i) never occupied and (ii) never held management responsibility for the residential real property from the disclosure requirement.

IRELA also represented members in ongoing meetings with interested stakeholders to develop an alternative to the ILTA market reforms, should one be needed. IRELA representatives also continually engaged with the Illinois Department of Financial and Professional Regulation (IDFPR). The IDFPR interactions were related to potential regulatory actions related to members.

Members of the IRELA board and Advocacy committee have recently been invited to meetings with ILTA and multiple stakeholders to participate in discussions on the 2024 ILTA market reform legislation. Rest assured that we will continue to participate in all future discussions to promote and protect the interests of our members.

In 2024, the Advocacy Committee will embark on another round of reviewing and responding to bills that are pertinent to IRELA members. The overarching objective is to guarantee that real estate lawyers maintain their crucial and indispensable role in the real estate process in Illinois.

Ensuring the Quality of Title Insurance Products

Tue, 22 Aug 2023 16:37:35 GMT

A Lawyer's Unwavering Duty: Ensuring the Quality of Title Insurance Products and the Integrity of the Process, for the Client's Benefit

The issues and challenges the real estate bar faces on a daily basis are so compelling that IRELA, AREA, and ATG are collaborating to provide unified leadership to the real estate bar on how to respond. We offer these thoughts to ensure your clients are protected.

The three authors have the privilege of leading real estate lawyer advocacy groups. That work has brought us considerable personal satisfaction and gratitude. Coming from that perspective, we see two challenges that could pose an existential threat to fair competition and the protection of our clients... CLICK HERE to read more.

E-Notary Rules - June 2023

Wed, 07 Jun 2023 12:31:09 GMT

As you may already know, the Illinois Secretary of State announced the adoption of the E-Notary Rule - effective, June 5, 2023.

Read the June 2023 E-Notary Rules HERE.

Special Warranty Deed

Fri, 24 Feb 2023 17:34:34 GMT

As you are aware, a new state law went into effect on January 1, 2023 regarding Special Warranty Deeds.

Thanks to the generosity of long-time IRELA Member Dick Bales, IRELA has a fillable form for you to use.

Download Special Warranty Deed Fillable Form

To watch a recording of the February 8, 2023 webinar "Dick Bales Complete Guide to Deeds" go to irela.org/members-only.

Illinois Supreme Court: Channon v Westwood

Anne Hengehold — Tue, 29 Nov 2022 23:52:00 GMT

The Illinois Supreme Court has ruled that a condo seller does not have a cause of action against a property management company hired by the Board for charging excessive fees for producing the information required by section 22.1 of the Condominium Property Act.

Read the decision HERE.

IRELA Legislative Update

Anne Hengehold — Tue, 25 Oct 2022 16:00:00 GMT

To read the complete latest edition of the IRELA Legislative Update, go to the Member News Blog. Here's what you'll find:

Last Session and the Residential Real Property Disclosure Act
The ILTA Market Reform Bill
Other Real Estate Bills that Became Law:
- Special Warranty Deeds - HB 4270
- Condominium Property Act – Resale of Unit – HB 5246
- Property Records Reserve Study – HB 4158 (P.A. 102-0921)
Where do things stand today?
General Assembly Update:
- Veto Session and Lame Duck
Election Season Update:
- General Assembly
- Governor and other offices
- Illinois Supreme Court

In addition to the update, the IRELA-Residential Real Property Disclosure Act Modernization Fact Sheet is available for download, and, Dan Greenberg's June 13th presentation on changes to the Act is available on the Members-Only page for review and on-demand CLE.

DS-1 TRO Available

Anne Hengehold — Fri, 11 Mar 2022 00:49:20 GMT

The DS-1 TRO which was ordered on March 3, 2022 and filed with the Clerk of the Circuit Court of Cook County, IL today is now available. Download it by clicking here.

To support IRELA’s ongoing advocacy regarding the importance of having an experienced, independent attorney representing the interests of each buyer and seller in a real estate transaction, donate now.

IRELA v. IDFPR: TRO Granted March 3, 2022

Anne Hengehold — Thu, 03 Mar 2022 19:27:55 GMT

IRELA is pleased to inform you that Judge Cohen entered a TRO at 11:33 am this morning prohibiting the use of the new 2022 DS-1 Form for now (and requiring the old DS-1 Form to continue to be used instead). Status on preliminary injunction set for April 8, 2022 at 10:30 am.

Judge Cohen instructed the Department to update its website today to indicate that the new form "shall" not be used. He also directed that the Department send out a Memorandum to this effect today, if possible.

Get an early look at next year’s property taxes - Cook County

Anne Hengehold — Fri, 04 Dec 2020 19:45:21 GMT

Legislative Update - Bills Signed

Anne Hengehold — Wed, 17 Jun 2020 17:02:49 GMT

As a follow up to our last report on the General Assembly’s recent Special Session, Governor Pritzker signed SB 2135 on Friday. SB 2135 becomes Public Act 101-640 with the signing.

This new law will allow for remote notarizations until 30 days after the expiration of the Governor’s most recent disaster declaration. Governor Pritzker’s current declaration is set to expire on June 27. Remote notarization will expire on July 27 if there are no more disaster declarations issued by Governor Pritzker.

SB 264 was signed on Wednesday. SB 264 becomes Public Act 101-637. The Act provides $396 million in residential housing relief funding through the Illinois Housing Development Authority. The funding will come in the form of grants and be available for emergency rental and mortgage assistance, as well as subordinate financing. There will be $296 million available to those generally impacted by the Covid-19 crisis and an additional $100 million available to those impacted by Covid-19 and in disproportionately impacted areas.

This grant funding was an alternative to SB 3066 which sought to address rent and mortgage payment moratoriums, rent control, and eviction reforms for certain periods of time during and after the Covid-19 crisis. This legislation is on hold until the upcoming Veto Session.

The General Assembly will meet again during its annual Veto Session on November 17-19 and December 1-3.

There has been no recent activity on ILTA’s market reform legislation.

Special Session Legislative Update

Anne Hengehold — Thu, 28 May 2020 16:04:09 GMT

The Illinois General Assembly wrapped up its Special Session in the early morning hours this past Sunday. There was an incredible amount of legislative action during the four-day period. During special sessions, legislation is formally limited to those issues specifically stated in the official proclamation. The issues that were able to be considered, per the proclamation, were as follows:

- The COVID-19 pandemic or other disasters

- The state budget and its implementation

- Economic recovery, infrastructure projects, and funding thereof

- The explanation, arguments for and against the Progressive Income Tax

- Laws or authority scheduled to sunset prior to June 1, 2021

- The 2020 General Election and the State Board of Elections

- The hospital assessment program

As a part of the four days, lawmakers were able to pass a budget, an expansion of election laws, a hospital assessment plan, language for voters on the upcoming graduated income tax ballot issue, agreed upon changes to workers’ compensation and unemployment insurance, Medicaid expansion, COVID-19-related property tax relief, and other measures meant to address the current crisis.

More relevant to IRELA members, the General Assembly took up a few issues of importance for the industry and the bar.

1. Passed - Remote Notarization – SB 2135 (p. 11-14)

The General Assembly codified Governor Pritzker’s recent emergency executive orders on this issue:
- Executive Order 2020-14 (original authority)
- Executive Order 2020-18 (extends authority and adds overnight mail)
- Executive Order 2020-33 (extends authority)
The bill allows the changes in law to continue until 30 days after the expiration of the COVID-19 gubernatorial disaster declaration (currently set to expire on May 30). The bill also took up some new changes, including (i) a requirement of substantial compliance to the listed requirements during the attestation and technology use in the remote two-way audio/video communication and (ii) a hold harmless on the validity of actions negatively impacted by “technology issues.”

2. Not Passed - Landlord-Tenant Issues – SB 3066

This bill was pushed by the Progressive Caucus and took on multiple iterations before the sponsor finally relented without being able to reach agreement with concerned parties. In summary, the bill attempted to address rent and mortgage payment moratoriums, rent control, and eviction reforms for certain periods of time during and after the COVID-19 crisis. Her efforts were stalled, in part, by the Realtors and legislators concerned it went too far. The sponsor has promised to continue working on the bill and wants to take it up in veto session scheduled for November 17-19 and December 1-3.

3. Passed - Illinois Housing Development Authority Emergency Relief Funds – SB 264 (p. 108)

As an alternative to more comprehensive approach of SB 3066, the General Assembly passed $396 million in residential housing relief funding through the Illinois Housing Development Authority. The funding will come in the form of grants and be available for emergency rental and mortgage assistance, as well as subordinate financing. There will be $296 million available to those generally impacted by the COVID-19 crisis and an additional $100 million available to those impacted by COVID-19 and in disproportionately impacted areas.

4. Not Considered - ILTA Market Reform Bill

The market reform bill was not heard during the Special Session. The new bill sponsor, Sen. Omar Aquino, plans to take this issue up again during the fall veto session. We should expect there to be negotiations with the interested parties during this time.

Here is the last version of the bill as written by ILTA – Amendment 1 to SB 3193. This version has not been filed yet.

Legislative Update: the G.A., “Market Reform” Legislation, and Gov. Pritzker's Orders

Anne Hengehold — Sat, 11 Apr 2020 16:00:00 GMT

Current Status of the General Assembly: The General Assembly has not met since March 5. As the Covid-19 pandemic increased its intensity, the legislature began cancelling regularly scheduled session weeks. Upon cancellation, both Speaker Madigan and Senate President Harmon announced any return to session by the legislature would be a week-to-week decision based on the best available facts to ensure everyone’s safety.

There was a lot discussion about returning at some point in April to vote on essential legislation – the budget, hospital assessment, legislation necessary to handle the immediate healthcare and long-term economic crises caused by the pandemic, etc. The four leaders and Gov. Pritzker began discussing and compiling lists of what they deemed essential legislation. There has also been discussion of possibly returning to session during the summer to tackle non-essential legislation.

Very soon after the legislature cancelled its first week, Gov. Pritzker used his powers via his previous disaster declaration to issue a stay at home order. That order was set to expire on April 7, but has now been extended through April 30 following the reissuing of the original disaster declaration.

This ended any thought of an April return by the General Assembly. The leaders are now preparing for a May window to address essential legislation after we have hopefully seen the apex of the virus spread and a discernible slowdown in infections. There is still some discussion of a non-essential legislation period into the summer months.

At this point, both chambers have divided members into working groups based on broad subject matter they plan to address when back in session. Those groupings include the following:

House – Access to Healthcare, Budget and Pensions, Capital Infrastructure & Funding, Child Welfare, Corrections and Justice, Economic Recovery, Elementary & Secondary Education, Energy, Ethics, Government Administration, Healthcare & Human Services, Higher Education, Labor & Unemployment Insurance, Local Government, Medicaid and Hospital Assessment, and Public Health

Senate - Budget, Cannabis, Capital, Constitutional Amendments, Criminal Justice, Economic Revitalization, Education, Energy, Ethics, Executive Orders & Government Continuity, Gaming, Healthcare Affordability, Licensure, Local Government, Pensions, Regulatory Relief, and Unemployment Insurance

We do not know how the groups will convene, which members are assigned to which groups in every chamber, or how they will access information from stakeholders or be open to input.

All changes to law at this point are coming via emergency executive order from Gov. Pritzker and emergency rulemaking powers from his agencies. Please see below for more on this.

Current Status of ILTA’s “Market Reform” Legislation: We waited all winter and into the spring to see the revised version of this bill. Finally, ILTA produced its most recent version just days before the General Assembly suspended operations. What would have been filed as Amendment 1 to SB 3193 has not become official since the legislature has not been back to formally proceed. However, this will be our starting ground if or when this is taken up again in the future.

ILTA asked all stakeholders to meet on March 19, but that session day was cancelled. The negotiations are now on hold.

One important note is the bill will be led by a new sponsor, Sen. Omar Aquino (D-Chicago) as new Senate President Harmon has relinquished all of his previous legislative issues to concentrate more on leading his caucus.

There should be no expectation or fear this legislation be deemed essential at this point.

Current Status of Actions taken by Gov. Pritzker under his Emergency Powers: The most important action taken has been the Stay at Home Order issued and reissued through April 30.

Of most important note was the designation of real estate, appraisal and title services as essential professional services allowed to continue during the Stay at Home Order. Also, the separate order that allowed for remote witnessing and counterparty signing.

Please see all of the timeline of Covid-19 actions taken and emergency executive orders issued to date by Gov. Pritzker in other news posts on this site.

Executive Orders 1 - 7

Anne Hengehold — Sat, 11 Apr 2020 15:33:20 GMT

COVID-19 Executive Order Number 7 (2020-09) – Executive Order to Expand Telehealth Services and Protect Health Care Providers in Response to COVID-19, March 19, 2020

Beginning March 19^th and during the duration of the Disaster Proclamation, health insurers regulated by the Department of Insurance are required to cover all costs of telehealth services by in-network providers that deliver clinically appropriate medically necessary covered services and treatment.
- Issuers may establish reasonable requirements, including documentation and recordkeeping, to the extent consistent with this order. Issuers shall notify providers of necessary instructions to facilitate billing requirements.
- Utilization review requirements may not impose requirements more stringent than for the same in-person treatment.
- For telehealth services that related to COVID-19, insurers shall not impose any prior authorization requirements.
- Insurers shall not impose any cost-sharing requirements for telehealth services provided by in-network providers except for those in High Deductible Health Plans if the care is not deemed preventative care.
EO does not apply to “excepted benefits” as defined in federal rules, however, it does apply to limited scope dental, vision, long-term care, accident and specified disease coverage.
Disclosure prohibition and written consent provisions of the Illinois Mental Health and Developmental Disabilities Confidentiality Act are suspended for the duration of the Disaster Proclamation.
For medical licensees whose license has lapsed or been inactive for less than three years, continuing education requirements and reinstatement fees are waived for reinstatement. This applies during the duration of the Disaster Proclamation.

COVID-19 Executive Order Number 6 (2020-08) – Executive Order in Response to COVID-19, March 17, 2020

During the duration of the Disaster Proclamation and 30 days after, expiration of vehicle registrations, driver’s licenses, permits, parking decals, temporary and permanent identification cards are suspended. Hearings conducted by the Illinois Secretary of State are also suspended.
Requirements for filing statements of economic interest are suspended for the same time period described above.

COVID-19 Executive Order Number 5 (2020 – 07) – Executive Order in Response to COVID-19, March 16^th, 2020

Beginning March 16^th at 9 pm, all businesses in Illinois that offer food or beverages for on-premises consumption must suspend and not permit on-premises consumption.
- Includes restaurants, bars, grocery stores, and food halls.
- Service for off-premise consumption is permitted and encouraged.
- - Includes carry-out, in-house delivery, third-party delivery, drive-through, curbside pick-up, and catering services.
  - Need environment for adequate social distancing in carry-out sales.

o Exemption from this Executive Order for businesses located in airports, hospitals, and dining halls in colleges and universities.

Beginning March 18^th, all public and private gatherings in Illinois of 50 of more people are prohibited for the duration of the Gubernatorial Disaster Proclamation.
- Amends Executive Order 2020 – 04, which previously prohibited gatherings of 1,000 people or more.
- Includes community, civic, public leisure, faith-based events, sporting events with spectators, concerts, conventions, fitness centers/health clubs, bowling alleys, private clubs, theaters, and any similar event or activity.
- Exceptions for venues that provide essential goods and services.
- - Includes, grocery stores, hospitals, pharmacies, gas stations, banks/credit unions, and shelters.
The Illinois State Police, the Illinois Department of Public Health, the State Fire Marshal, and the Illinois Liquor Control Commission are directed to cooperate with one another to enforce this Executive Order.
This Executive Order does not amend or supersede the authority of the Illinois Department of Public Health.
Requirement of the Unemployment Insurance Act for a one-week waiting period for unemployment insurance claims is suspended for those who are unemployed or otherwise eligible for benefits during the Gubernatorial Disaster Proclamation.
Provisions of the Open Meetings Act requiring or relating to in-person attendance for members of a public body are suspended during the Gubernatorial Disaster Proclamation.
- Requirement that members of a public body must be physically present.
- Conditions limiting when remote participation is permitted.
Public bodies are encouraged to postpone their business where possible.
When meetings are necessary, public bodies are encouraged to provide video, audio, or telephonic access to meetings.

COVID-19 Executive Order Number 4 (2020 – 06) – Amendment to Executive Order 2020 – 05 In Response to COVID-19, March 15^th, 2020

Schools operated by the Illinois Department of Juvenile Justice, the Illinois State Board of Education, or the Illinois Department of Human Services may remain open for educational purposes provided that they are able to exercise necessary precautions to protect the health and safety of students and staff.
Supersedes contrary provisions of prior Executive Orders.
- Provisions that are not contrary will remain in effect from prior Executive Orders.

COVID-19 Executive Order Number 3 (2020 – 05) – Executive Order in Response to COVID-19, March 13^th, 2020

Beginning March 17^th, all public and private pre-K-12 schools must close for educational purposes through March 30^th.
- Schools may remain open to provide food and other non-educational services.
- Schools will still be used as election polling locations.
Definition of “chronic absence” from school is suspended during the Gubernatorial Disaster Proclamation.
Requirement to receive school board approval to establish an electronic-learning program is suspended during the Gubernatorial Disaster Proclamation.
- No public hearing necessary.
- No 30-day communication requirement necessary prior to implementation.
- E-learning programs must be approved by the regional office of education of intermediate service center for the school district.
- - Must ensure the specific needs of students are met.
  - - Special education.
    - English learners.
  - Cannot deny plans for failing to meet the required 5 clock hours of instruction or schoolwork if the plan provides substantial student learning opportunities.
- E-learning programs may exceed the number of emergency days approved in the school calendar.

COVID-19 Executive Order Number 2 (2020 – 04) – Executive Order in Response to COVID-19, March 13^th, 2020

Beginning March 13^th, all public and private gatherings in Illinois of 1,000 or more people are cancelled until the end of the Gubernatorial Disaster Proclamation.
- Includes concerts, festivals, conferences, sporting events, other planned events where social distancing measures cannot be maintained.
- Does not include school or work attendance.
Beginning March 16^th, the James R. Thompson Center is closed to members of the public for the duration of the Gubernatorial Disaster Proclamation.
- Exceptions for:
- - Necessary conduct of state business,
  - To obtain services from state agency or constitutional office,
  - Operate a business located in the building,
  - Public access businesses located on the ground floor through exterior entrances.
Beginning March 13^th, the two-year continuous service requirement for state employees to receive advancement of sick leave is suspended for the duration of the Gubernatorial Disaster Proclamation.

COVID-19 Executive Order Number 1 (2020 – 03) – Executive Order to Extend Application Deadline for Adult-Use Applications Due to COVID-19, March 12^th, 2020

Extend submission deadline for applications in the Cannabis Regulation and Tax Act from March 16^th to March 30^th.
- Craft grower license application.
- Infuser license application.
- Transporter license application.
Requirements to submit applications in-person are suspended.
Beginning at 5 pm on March 12^th, the Illinois Department of Agriculture will only be accepting applications by mail, until the new deadline of March 30^th.

Executive Orders 8 - 11

Anne Hengehold — Sat, 11 Apr 2020 15:31:58 GMT

COVID-19 Executive Order Number 11 (2020-13) – Suspension of Transfers to IDOC, March 26, 2020

Beginning March 26^th at 5 P.M. and through the duration of the Disaster Proclamation, all transfers to the Illinois Department of Corrections from county jails are suspended. IDOC Director can make limited exceptions at their discretion for limited essential transfers.

COVID-19 Executive Order Number 10 (2020-12) – March 24, 2020

During the duration of the Disaster Proclamation, the provision of the Health Care Worker Background Check Act that prohibits individuals from being hired as certified nursing assistants if they have been inactive on the Health Care Worker Registry is suspended if: the individual has been inactive for no more than 5 years, was in good standing at the time of inactivity, and completes and submits forms required by IDPH.
During the duration of the Disaster Proclamation, the provision of the Health Care Worker Background Check Act limiting conditional employment for certified nursing assistants to three months is suspended. It is now 6 months after which they must complete a fingerprint background check.
During the duration of the Disaster Proclamation, the 30-day prior notification requirement for juvenile inmate release is suspended. Department of Juvenile Justice shall take steps to notify State’s Attorneys as far in advance and as quickly as possible.
During the duration of the Disaster Proclamation, the monthly exam requirement of the Miners’ Examining Board is suspended.

COVID-19 Executive Order Number 9 (2020-11) – Amendments to Prior Orders, March 23, 2020

Amends EO 2020-10 to clarify facilities that are Human Services Operations where individuals may leave their home to work or obtain services.
Reiterates that the term Human Services is defined broadly to preserve access.
Nothing in the EO 2020-10 shall alter or diminish the State or local government’s ability to order a quarantine or the closure of a location during the duration of the public health emergency. Additionally, clarifies that local governments retain the authority to issue stricter requirements than the governor’s EO.
Day care centers –
- Day care centers granted an emergency license for children of employees exempted by EO 2020-10 to work as permitted.
- Licensing requirements suspended for family homes that receive up to 6 children during the duration of the Gubernatorial Disaster Proclamation.
E-learning ISBE prior approval requirement suspended during the duration of the Disaster Proclamation.
- No public hearing or prior notification requirements for staff, students, and parents
- However, e-learning programs must be verified by the regional office of education or intermediate service center for the school district.
- E-learning programs adopted pursuant to EO may exceed number of emergency days in the approved school calendar.
14-day notification requirement of inmate release suspended during Disaster Proclamation.
- Department of Corrections shall take steps to ensure notification as far in advance and as quickly as possible to the State’s Attorney.

COVID-19 Executive Order Number 8 (2020-10) – Stay-At-Home Executive Order in Response to COVID-19, March 20, 2020

Beginning March 21^st at 5 PM through April 7^th, residents are order to stay at home with the following exceptions. To the extent that residents are outside their home, they should follow Social Distancing guidelines. Exceptions are as follows:
- Essential Activities:
- - Health Care – visiting a doctor, obtaining medical supplies, prescriptions
  - Necessary Supplies – Groceries, household items, necessities to facilitate Work From Home (WFH)
  - Outdoor Activities – Physical activity in parks or rec areas except for playgrounds. Social Distancing must be observed.
  - Work – Carry out Minimum Basic Operations or function of Essential Businesses
  - Aid in Care – Traveling to care for family, friends, pets is allowed
- Essential Government Functions
- - All services provided by the State and all lower-level units of government “needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety and welfare of the public.” This includes first responders, law enforcement, court personnel, emergency dispatchers, etc. Each unit of local government will determine its essential employees critical to the performance of Essential Government Functions.
- Operation of Essential Businesses or Operations. These include Healthcare and Public Health Operations, Human Services Operations, Essential Government Functions and Essential Infrastructure and the following:
- - Stores that sell groceries or medicine
  - Food, beverage, and cannabis consumption and agriculture
  - Charitable and social service organizations
  - Media
  - Gas stations and auto repair and supply
  - Financial institutions
  - Hardware and supply stores
  - Critical trades
  - Mail, post, shipping, delivery, and pick-up services
  - Educational institutions – distance learning, critical research allowed but classes still closed until April 7^th
  - Laundry
  - Restaurants for off-premises consumption – includes third-party delivery apps
  - Supplies to WFH
  - Essential Business and Operations supplies
  - Transportation – including rideshare and public transit
  - Home care services
  - Residential facilities and shelters
  - Professional services – includes legal, accounting, real estate, insurance services
  - Day cares for exempted employees
  - Manufacturing, distribution and supply chain for critical products and industries
  - Critical labor union functions
  - Hotels and motels
  - Funeral services
Non-Essential businesses must cease operations except for Minimum Basic Operations
- Exclusive Work-From-Home (WFH) is allowed
- Minimum Basic Operations. These include:
- - Maintain the value of inventory, preserve the physical condition of a plant or equipment, security, payroll and benefits processing
  - Facilitate WFH
  - Must comply with Social Distancing requirements
All public and private gatherings of any number outside the home are prohibited except for limited purposes. Any gathering of 10 or more is prohibited unless exempt.
All places of amusement are closed
Travel – All travel except for Essential Travel and Essential Activities by any mode is prohibited.
Healthcare Operations defined in Sec. 1 (7) – construed broadly to minimize disruption
Essential Infrastructure – See Sec 1 (9) for a full list, but it includes – food; construction, especially to respond to the public health emergency, but also housing; airport operations and maintenance; utilities; distribution centers; oil refineries; public transportation, including ports; waste collection; cybersecurity operations; and internet, video and telecommunication systems.
Essential Travel – allowed for Essential categories and actions detailed above as well for non-residents to leave and to return to a place of residence from outside the state.
Social Distancing Requirements
- 6-foot distance from others
- Hand washing for at least 20 seconds
- Regular cleaning of high-touch surfaces
- Essential Businesses and Operations and those Minimum Basic Operations must:
- - Designate six-foot distances
  - Have hand sanitizer regularly available
  - Designate separate operating hours for vulnerable populations
  - Post online whether facility is open and procedures for remote access.
All state, local, county enforcement of eviction orders must cease.

Executive Orders 12 - 18

Anne Hengehold — Sat, 11 Apr 2020 15:31:08 GMT

Executive Orders:

COVID-19 Executive Order Number 18 (2020-20) – Suspension of Recording of Verbal Attestation for Public Benefits, April 6, 2020

During the duration of the Gubernatorial Disaster Proclamation, the requirement that telephone applicants for public assistance provide an audio recording of their verbal attestation is suspended. A simple verbal attestation properly documented by the State is sufficient.
Additionally, unsigned mailed applications for public benefits may be signed by verbal attestation by phone, properly documented by the State.

COVID-19 Executive Order Number 17 (2020-19) – Increasing Healthcare Capacity, April 1, 2020

During the duration of the Gubernatorial Disaster Proclamation, “healthcare facilities” includes “any government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.”
“Healthcare Professional” means all those licensed or certified as such OR those who are “working under the direction of the Illinois Emergency Management Agency (IEMA) or DPH in response to the Gubernatorial Disaster Proclamations.”
“Healthcare Volunteer” means all volunteers or medical or nursing students who do not have licensure who (i) are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so; or (ii) are working under the direction of IEMA or DPH in response to the Gubernatorial Disaster Proclamations.”
All Health Care Facilities, Professionals and Volunteers are directed to “render assistance” to the State in support of its efforts to fight COVID-19.
- For Facilities, this must include increasing the number of beds, preserving personal protective equipment or taking necessary steps to treat COVID-19 patients.
- For Professionals, this means providing healthcare services or working under the direction of IEMA or IDPH.
- For Volunteers, this means providing services, assistance, or support at a Facility or working under the direction of IEMA and IDPH.
Facilities, Professionals, and Volunteers are immune from civil liability in the event of a death or injury when providing assistance or services in response to COVID-19 except in the case of gross negligence or willful misconduct.

COVID-19 Executive Order Number 16 (2020-18) – Extension of Prior COVID-19 EOs, April 1, 2020

All COVID-19 EOs (EOs 2020-03 through 2020-17) are extended through the duration of the Second Gubernatorial Disaster Proclamation, which currently extends through April 30^th.

COVID-19 Executive Order Number 15 (2020-17) – Extension of Cannabis License Application Deadlines, March 28, 2020

Applications for the following cannabis licenses are extended through April 30^th: craft grower, infuser, and transporter. This supersedes a previous executive order which had extended the deadline to March 30^th.

COVID-19 Executive Order Number 14 (2020-16) – Suspension of Vehicle Repossessions, March 28, 2020

Beginning March 27^th and through the duration of the Disaster Proclamation, provisions in the Vehicle Code related to vehicle usability and allowing for repossessions are suspended. This does not suspend the requirement to make payments or fulfill other obligations pursuant to the terms of the loan.
In-classroom training requirements for private security and fingerprint vendors. Testing can be done online.

COVID-19 Executive Order Number 13 (2020-15) – Suspension of School Testing and Attendance Requirements; Daycare, March 27, 2020

The following are in effect for the duration of the Disaster Proclamation unless otherwise noted.

Provisions in the School Code specifying the school term and requiring approvals for changes are suspended. This EO does not relieve school districts of the requirement to provide at least 185 days to insure 176 of actual pupil attendance. Nothing in the EO shall prohibit school employees, pursuant to their contracts, from receiving additional compensation for additional time worked as a result of the extension of the school term.
Provisions providing for the calculation of daily pupil attendance are suspended.
Illinois State Board of Education (ISBE) may implement rules allowing the State Superintendent of Education to address the following:
- Minimum requirements of the school calendar and school day
- Create, define, and determine the use of “Remote Learning Planning Days”
- Create, define, and determine the use of “Remote Learning Days”
- Provide additional guidance pursuant to the terms of this order.
Beginning March 27^th, all public school districts and eligible entities that receive funding from ISBE to administer and implement a grant program for preschool education or an early childhood block grant may provide childcare services for children (age 0-12) of employees exempted from the Stay-at-Home order (EO-2020-10). This does not affect these entities’ ability to continue to serve those already identified and enrolled in these programs.

The following provisions of the Illinois School Code, 105 ILCS 5/2-3.71 (Pre-School/ Early Childhood), are suspended:
- Requirements regarding the age of children to be served
- Selection process, first prioritizing at-risk children and then children with a family income less than four times the poverty guidelines in the Federal Register
- The licensure requirements for providing childcare services to children of employees exempt from EO 2020-10.
Program age requirements are suspended in regards to children of employees exempt from EO-2020-10.
Prohibition on communicating, opening, considering, and accepting school construction bids electronically is suspended.

COVID-19 Executive Order Number 12 (2020-14) – Remote Witnessing and Counterparty Signing, March 26, 2020

· During the duration of the Disaster Proclamation, electronic remote witnessing through two-way A/V by Notary Publics is allowed.

· This also applies to any required act of witnessing under state law.

· Notwithstanding Illinois law and regulations, absent an express prohibition in a document against signing in counterparts, all legal documents may be signed in counterparts. This includes deeds, last wills, and powers of attorney for healthcare. Notaries should be sent via email or fax copies of the signature pages.

COVID- 19 Timeline (with links)

Anne Hengehold — Sat, 11 Apr 2020 15:26:18 GMT

COVID-19 Timeline:

April 6^th – EO issued allowing simple verbal attestations for public benefits applications.

April 1^st – Second Gubernatorial Disaster Proclamation issued through April 30^th. All COVID-19 EOs extended through this date. EO issued allowing unlicensed medical and nursing students to provide healthcare assistance related to the pandemic response.

April 1^st – Arts for Illinois Relief Fund launched to support Illinois artists and non-profits

March 28^th – EO suspending vehicle repossessions; EO extending cannabis application deadlines.

March 27^th – EO suspending school testing, attendance requirements, expanding daycare access for essential employees.

March 26^th – EO suspending IDOC transfers; EO allowing remote witnessing and counterparty signatures

March 26^th – Illinois COVID-19 Response Fund announced to assist non-profits, with $23M in initial commitments from individuals, corporations, and philanthropies.

March 26^th – Federal government approves state major disaster declaration.

March 25^th – Three programs totaling $94M to support small businesses announced

March 24^th – Governor issues EO streamlining healthcare worker background checks

March 23^rd – Essential Equipment Task Force announced, which is a P3 (State, IMA, iBIO) to manufacture PPE and medical supplies.

March 23^rd – State executes contracts to obtain 3.5 million masks and other PPE

March 21^st – Stay-At-Home order takes effect at 5 P.M.

March 20^th – Stay-At-Home order issued with exceptions. See details below.

March 19^th – EO expanding telehealth access issued

March 18^th – Governor Pritzker announces coronavirus.illinois.gov, a website to update the public about COVID-19, which will be updated daily. Local health department websites are likely to have more up to date information about number of cases.

March 17^th – Governor Pritzker working with Illinois Sheriffs to prevent evictions.

March 17^th – Illinois utility companies have agreed not to shut off services at least in the Gubernatorial Disaster Proclamation. Many have agreed not to shut off service for even longer periods.

March 17^th – Governor Pritzker activates 60 National Guard members to assist with the response to COVID-19. More service members are likely to be called upon in the coming weeks.

March 17^th – Governor Pritzker applies for a statewide Economic Industry Declaration with the U.S. Small Business Association. If approved, small businesses and nonprofits impacted by the coronavirus would have access to up to $2 million in low-interest loans.

March 16^th – Illinois Department of Financial and Professional Regulation allows curbside pickup of medical cannabis outside of dispensaries.

March 16^th – Illinois Gaming Board announces suspension of all licensed video gaming operations, effective at 9 pm on March 16^th through March 30^th.

March 16^th – Executive Order 2020 – 07 signed, suspending all on-premises consumption of food and beverages in businesses, prohibiting gatherings of 50 or more people, and allowing for public bodies to meet remotely.

March 15^th – Chicago Mayor Lori Lightfoot announces she is working on a relief package for restaurants forced to close their dining rooms by Executive Order 2020 – 07.

March 15^th – Executive Order 2020 – 06 signed, amending 2020 – 05 by exempting certain schools from closing educational services.

March 13^th – Illinois Gaming Board announces a 14 day closure of casinos, beginning March 16^th.

March 13^th – Executive Order 2020 – 05 signed, closing schools from March 17^th through March 30^th.

March 13^th – Executive Order 2020 – 04 signed, to limit gatherings of 1,000 people or more.

March 12^th – Executive Order 2020 – 03 signed, to extend the deadline for Cannabis Regulation and Tax Act applications from March 16^th to March 30.

March 11^th – Governor J.B. Pritzker and the Illinois Department of Employment Security announce people who cannot work due to COVID-19 and do not receive paid sick leave from their jobs qualify for unemployment benefits.

March 11^th – WHO characterized the COVID-19 outbreak as a pandemic.

March 9^th – Governor J.B. Pritzker declared the State of Illinois as a disaster area in effect for 30 days.

Late 2019 – COVID-19 outbreak emerges.

Judge Grants Summary Judgment (ILTA v. Cook County Recorder)

Fri, 15 Mar 2019 18:28:28 GMT

Good news!

As you know, the Illinois Real Estate Lawyers Association has been monitoring the case in Cook County between the Illinois Land Title Association (ILTA) and the Recorder of Deeds. (The original complaint can be read here.)

The litigation ensued because of the Recorder's refusal to accept any documents titled "Affidavit of Heirship" or "Affidavit of Survivorship", unless also accompanied by a court order. It is worth noting that this policy was instituted by Karen A. Yarborough, though it was continued by Edward M. Moody when Ms. Yarborough became the County Clerk.

It is our firm belief that the Recorder has an obligation to record presented documents and that the role of the recorder is not to analyze a document's content.

I am happy to report that the judge in the matter, Hon. Michael T. Mullen, granted ILTA's motion for summary judgment earlier today. (You can click here to read the order.)

A big thank you to ILTA for filing this suit and pursuing it to a successful resolution.

John G. O'Brien
Chairman & President

Rights Of Heirs and Legatees and Their Purchasers In Illinois Real Estate

Wed, 13 Mar 2019 18:52:27 GMT

Rights Of Heirs and Legatees and Their Purchasers In Illinois Real Estate - Paul Peterson

Pappas: Automatic property tax refunds of $8.3 million going to 30,000 homeowners

Thu, 03 Jan 2019 17:45:50 GMT

The Cook County Treasurer’s Office is sending nearly 30,000 homeowners refunds totaling $8.3 million without requiring an application, another example of using technology to make things easier for taxpayers, Treasurer Maria Pappas said today.

“We’ve taken steps in the past to make the refund application process easier,” Pappas said. “Now we’re trying to eliminate the application altogether.”

Overpayments occur for a variety of reasons, including the simple mistake of paying more than is owed on the tax bill. More often, overpayments result from a reduction in property taxes after the bill was paid. Here are details about the 29,752 refunds:

The 8,947 homeowners who paid their taxes through a bank/mortgage escrow account are receiving refund checks
The 20,805 homeowners who paid by check or online are automatically receiving refunds to their bank or credit card accounts

To see if you are entitled to a refund, visit cookcountytreasurer.com and take these steps:

Select the purple box “Your Property Overview”
Enter your address or Property Index Number (PIN)

The refunds are due to tax overpayments made since 2013. Using bank, credit card and property records, the Office has electronically determined who made the overpayment in these cases, making refund applications unnecessary.

The Multi-Board 7.0 Is Here!

Wed, 02 Jan 2019 03:23:51 GMT

It’s finally here! Fourteen months after the drafting process began, the Multi-Board 7.0 has been released. Get access to the Contract, as well as its accompanying forms in the members only section of our website.

Please also join us at one of our upcoming meetings in January, where members of the 7.0 drafting committee will be on hand to discuss the form.

• January 9, 8:00am (Elk Grove)
• January 15, 9:30am (Oak Lawn)
• January 15, 1:00pm (Libertyville)

LEGISLATIVE ALERT: Urge Your State Representative to Support SB 65, Overriding the Governor’s Veto & Precluding the Bifurcation of Title

Sun, 18 Nov 2018 22:45:29 GMT

Next week, the Illinois House will vote to override Governor Rauner’s veto of SB 65, which amends the Title Insurance Act. The legislation provides that all title insurance policies issued in conjunction with a residential real estate closing be issued by the same policy-issuing entity, unless otherwise agreed by the parties.

Championed largely by PNTN, this is an effort to dissuade the usage of two title companies in a single transaction, which can lead to additional costs for a Buyer (who may not receive a discount from a simultaneously-issued policy) and ambiguities on coverage when claims arise.

The list of Illinois legislators to contact to vote in favor of SB 65 is available here. Find your House Representative by address location here.

ILTA Files Suit Against Cook County Recorder Over Affidavits of Heirship

Tue, 13 Nov 2018 22:59:19 GMT

As many of you know from our recent meetings and newsletters, the Illinois Land Title Association (ILTA) has been working to reverse the Cook County Recorder of Deeds refusal to record deeds from the heirs of deceased title holders, and the Recorder’s unauthorized and untenable requirement that a probate court order is required to transfer property of a deceased title holder in Cook County.

Unfortunately, on November 5, 2018, the Recorder’s Office made a final decision not to accept Heirship Deeds or Affidavits of Heirship unless they are accompanied by a Certified Order Declaring Heirship:

Greatest of mornings to you, I do hope you’re enjoying your Monday thus far. Many apologies for any confusion which may be swirling around out there, as this most recent time, some of the confusion came from our office–so I apologize for that information. Nonetheless, I am very pleased and excited to report that the Honorable Karen A. Yarbrough herself has reaffirmed the office’s previous position of NOT ACCEPTING Heirship Deeds or Affidavits of Heirship UNLESS they are accompanied by a Certified Order Declaring Heirship. Accordingly, the same legal requirements as previously discussed and established are “still in play” and are office will continue. to assist with educating any and all on that expedited and inexpensive process whenever sought. Thanks for the correspondence, and please enjoy the rest of your day and week!

Best,

Mario A. Reed, Esq.
Director of Public Information I Cook County Recorder of Deeds Office
118 N. Clark Street, Room 120, Chicago, Illinois 60602

As a result of this decision, ILTA filed suit today in the Circuit Court of Cook County to compel the Recorder of Deeds to record these heirship documents as required by Illinois law (Case No. 2018-CH-14151).

The Illinois Real Estate Lawyers Association will keep you updated as the case progresses.

IDFPR Issues Cease & Desist to PNTN & WFG, Fines Each $14 Million

Fri, 02 Nov 2018 22:05:35 GMT

Earlier today, the Illinois Department of Financial & Professional Regulation (IDFPR) issued a “cease and desist” order to both Professional National Title Network (PNTN) and WFG. As part of the order, IDFPR has levied a fine of $14,056,000 upon each.

The order arises from PNTN’s “Examining Attorney Program,” which the Department alleges was “created and maintained . . . for individuals and small firms to do the ‘usual duties of registered title agents,’ as independent contractors with PNTN.”

According to the order, the participants in the PNTN program conducted closings for 14,056 real estate closings under the program. PNTN and WFG were each fine $1,000 per transaction.

Rather than registering attorney title agents, PNTN acted as the agent and then paid attorneys to examine title on those transactions, paying the lawyers amounts commensurate with what they would have been paid if they had been properly-registered agents.

The Illinois Real Estate Lawyers Association will keep you updated as the story develops. In the interim, attorney-title agents are reminded that it is incumbent upon them to understand the programs in which they participate.

IDFPR Publishes Condominium and Common Interest Community Complaint Resolution Policy Templates

Mon, 29 Oct 2018 21:43:02 GMT

SPRINGFIELD – The Illinois Department of Financial and Professional Regulation (“IDFPR”) Division of Real Estate (“DRE”) recently published an Association Complaint Procedure and an Association Complaint Form.

The Form serves as examples of how a condominium or common interest community association may choose to comply with the soon-to-be effective requirement that they have such a policy for resolving disputes. The documents are a time-saving resource for condominium and common interest community boards which will assist them in providing unit owners with a clear and understandable process for bringing disputes to the attention of their boards.

The sample Association Complaint Procedure and sample Complaint Form may be found on and downloaded from the Ombudsperson’s website at www.IDFPR.com/CCICO under the “Publications” tab.

“The sample complaint resolution policy and complaint forms are intended to assist associations in complying with the Act’s requirements,” said IDFPR Secretary Bryan A. Schneider. “The Department wants to empower associations so they can function responsively and serve the interests of their owners, who now will have a clear roadmap for seeking to resolve disputes with their associations.

The Condominium and Common Interest Community Ombudsperson is not responsible for enforcing any laws or regulations, including the regulation or registration of condominium and common interest community associations. The sample Procedure and Complaint Form represent one approach an association may take. Neither IDFPR nor the Ombudsperson will review Complaint Policies or Complaint Forms adopted by associations and neither IDFPR nor the Ombudsperson has the authority to compel associations to adopt a written policy for resolving complaints required by the Act.

Illinois’ Condominium and Common Interest Community Ombudsperson Act (765 ILCS 615/1) requires that the majority of Illinois condominium and common interest community associations adopt a written policy for resolving complaints made by unit owners no later than January 1, 2019.

Update on the DS-1 | Judge Grants Attorneys’ Title Guaranty Fund’s Preliminary Injunction, Delays Implementation of the New DS-1

Fri, 29 Jun 2018 21:44:29 GMT

Update on the DS-1

Judge Grants Attorneys’ Title Guaranty Fund’s Preliminary Injunction, Delays Implementation of the New DS-1

As an update to yesterday’s message, Attorneys’ Title Guaranty Fund filed a lawsuit yesterday against the Illinois Department of Financial & Professional Regulation (read the complaint).

An emergency hearing occurred today on ATG’s motion for a preliminary injunction, to delay the July 1 implementation of the proposed new DS-1 form. The hearing was heard before Hon. Thomas R. Allen.

We are happy to report that Judge Allen granted ATG’s motion. As such, practitioners should continue to use the old DS-1 form until further notice.

Chief among IRELA’s concerns are whether IDFPR has the authority to compel lawyers to disclose their attorney fees at the onset of the transaction, and to generally cast in a negative light lawyers who function as both attorneys and title agents.

IRELA will continue to keep you updated as this case progresses.

ATG is taking a stand for lawyers by filing this lawsuit, and their efforts should be applauded.

Update on the DS-1 | ATG Files Suit, Seeks TRO & Writ of Prohibition

Thu, 28 Jun 2018 21:47:26 GMT

Update on the DS-1

Attorneys’ Title Guaranty Fund Files Suit, Seeks TRO & Writ of Prohibition

As a quick update to the current status of the DS-1, four (4) members of Illinois Real Estate Lawyers Association’s board met on Tuesday with John Lartz and Bryan Tiller of the Illinois Department of Financial & Professional Regulation. Peter Birnbaum from Attorneys’ Title Guaranty Fund was instrumental in making this happen.

First and foremost, it is worth noting that the fourth version of the form is markedly better than the original. And IRELA has worked diligently to convey our concerns. But problems remain.

Chief among IRELA’s current concerns are whether IDFPR has the authority to compel lawyers to disclose their attorney fees at the onset of the transaction, and to cast attorneys in a negative light through their selected language (whether intended or not).

While both Mr. Lartz and Mr. Tiller were very cordial at Tuesday’s meeting and appeared to listen, there was no definitive decision from them as to whether any additional changes would be made to the current iteration of the form. There was also no indication as to whether there would be any further delays to implementation — irrespective of whether there were more changes (as of now, July 1 is still the date they have set).

Mindful that we are now just a few days away from July 1, ATG has taken the initiative to file a lawsuit in the Circuit Court of Cook County (Case No. 2018-CH-08133). The suit seeks an injunction, as well as a writ of prohibition. (You can read the complaint online by clicking here.)

In the interim, the hearing on a temporary restraining order is scheduled for Friday, June 29 at 2:00pm.

A Win for All Lawyers in Illinois

Wed, 20 Jun 2018 21:49:17 GMT

A Win for All Lawyers in Illinois

The Judge in ISBA v. IDFPR Issues Order Against
“Unlicensed Appraisal of Real Estate” Prosecutions

As you know, the Illinois Real Estate Lawyers Association has been closely following the litigation that ensued after the Illinois Department Financial & Professional Regulation (IDFPR) instituted disciplinary proceedings against two lawyers who filed property tax appeals on behalf of their client but who did not use appraisals (in filing appeals, IDFPR alleged that the lawyers engaged in the “unlicensed appraisal of real estate”).

The prosecutions should have been concerning to all lawyers in our state, irrespective of whether they practice in the area of property tax — as it appeared to be an attempt to regulate lawyers who, in their ordinary course of representation, make arguments on behalf of clients.

The Illinois State Bar Association filed suit against IDFPR on July 11, 2017. The suit was brought in Cook County (2017-CH-09418) and has been most recently before Hon. Raymond W. Mitchell.

Earlier today, the judge in the case issued a very thoughtful order that includes:

The Court issues a writ of prohibition against Defendants preventing them from initiating, maintaining, or threatening a prosecution of an attorney licensed to practice in the State of Illinois for engaging in the submission of a comparison of properties or income approach valuation by a property tax attorney in a real estate tax assessment proceeding. (Count III).

Update on Implementation Process for New DS-1 Form (Disclosure of Financial Interest)

Mon, 07 May 2018 21:51:57 GMT

The Department of Financial Institutions Has Delayed Implementation of the Revised DS-1 Form (Disclosure of Financial Interest) . . . Again!

The Illinois Real Estate Lawyers Association remains extremely concerned about the Division of Financial Institution’s release of a revised DS-1 form (a document which, on its face, is disparaging to attorneys who function as title agents; it would also be impossible to implement).

We received notice late today that the May 15 implementation date for the revised DS-1 form (released on April 3, 2018) has again been delayed — with a new date of June 1, 2018.

IRELA continues to take the position that the form should be revised before formal adoption. We will keep you updated in the coming days and weeks as events unfold.

In light of these developments, IRELA will hold three (3) special townhall meetings in May (throughout the Chicagoland area):

May 9: 12:00 to 1:30pm
Oak Lawn Public Library (9427 Raymond Ave., Oak Lawn)
More info: http://www.irela.org/2018/05/town-hall-on-may-9-2018-in-oak-lawn/

May 16: 12:00 to 1:30pm
DuPage County Bar Association (126 S. County Farm Rd., Wheaton)
More info: http://www.irela.org/2018/05/town-hall-on-may-16-2018-at-dcba/

May 23: 8:00 to 9:30am
Max & Benny’s (461 Waukegan Rd., Northbrook)
More info: http://www.irela.org/2018/05/town-hall-on-may-23-2018-in-northbrook/

All Illinois attorneys are encouraged to attend, irrespective of their IRELA membership status. Lunch will be provided to anyone who RSVPs in advance (send to: info@irela.org). MCLE Credit: 1.0 hours of credit will be provided.

IRELA will continue to monitor the situation and keep you informed of information as it develops.

4th Annual Clink Spring Toast

Wed, 11 Apr 2018 21:55:16 GMT

4th Annual
CLINK Spring Toast

Celebrating Women Closing Deals in Heels
Commercial Real Estate | Real Estate Law

WHEN
Thursday, May 17, 2018
5:30-7:30pm

WHERE
The Ivy Room
12 E. Ohio St., Chicago, Illinois 60611

Click here to register online. IRELA member
will save $10 by entering the code: IRELA

Update on Implementation Process for New DS-1 Form (Disclosure of Financial Interest)

Fri, 06 Apr 2018 22:08:49 GMT

The Department of Financial Institutions Has Delayed Implementation of the Revised DS-1 Form (Disclosure of Financial Interest)

The Department of Financial and Professional Regulation, Division of Financial Institutions announced today that it has delayed implementation of the new DS-1 Form (Disclosure of Financial Interest).

For now, the old DS-1 should be used, pending further direction from the Department.

IRELA will continue to monitor the situation and keep you informed of information as it develops.

Revision of the Disclosure of Financial Interest form (DS-1)

Tue, 03 Apr 2018 22:11:07 GMT

Revision of the Disclosure of Financial Interest

The Department of Financial and Professional Regulation, Division of Financial
Institutions announced today that the Disclosure of Financial Interest form, also known as the DS-1 form, has been revised.

This revised disclosure form is effective immediately.

Disclosure of Financial Interest (Effective 04-04-2018)

(04-03-2018) Memo on the Revision of the Disclosure of Financial Interest Form (DS-1)

Instructions on Completing the Disclosure of Financial Interest

NAR Tax Law Summary

Thu, 08 Feb 2018 00:00:16 GMT

National Association of Realtors (NAR)
SUMMARY: The Tax Cuts and Jobs Act – What it Means for
Homeowners and Real Estate Professionals

To access and download the NAR Summary of the Tax Cuts and Jobs Act, click on:

The Tax Cuts and Jobs Act – What it Means for Homeowners and Real Estate Professionals

For more information, call 312.600.7720, or email to info@irela.org or vokada@irela.org.

IRELA Update: CFPB Director Cordray Resigns

Mon, 27 Nov 2017 00:31:55 GMT

IRELA Update:

CFPB Director Richard Cordray Resigns
Who Will Lead the CFPB? — Cordray Designates Deputy Director
Leandra English As Successor

Cordray’s November 24th resignation letter was cordial, but clear.

Richard Cordray’s resignation letter to President Donald Trump touted the agency’s successes as a consumer watchdog and ended with a reference to his post-bureau path.

“I am grateful to have been able to serve my country in this capacity, and in departing I now look forward to finding further ways to continue to advocate for those who are facing economic anxiety and uncertainty in their lives.” pic.twitter.com/x4YNqsgJLN

— Rich Cordray (@RichCordrayOH) November 24, 2017

On Friday, November 24th, Cordray (CFPB) officially appointed Leandra English, the bureau’s chief of staff, to the agency’s number-two position of deputy director to serve as interim director until Congress confirms an appointee. By installing an official deputy, Cordray was making a calculated move. A provision of the Dodd-Frank Act, the same act that created the CFPB, stipulates that the deputy director shall “serve as acting Director in the absence or unavailability of the Director.” Prior to Cordray’s move on Friday, the agency had only an acting deputy director.

Shortly after Cordray’s announcement on Friday, the White House named Office of Management and Budget Director Mick Mulvaney as the CFPB’s interim director, to serve in the post in addition to serving in his role as director of the White House Office of Management and Budget.

“Director Mulvaney will serve as acting director until a permanent director is nominated and confirmed,” the White House said in a statement Friday.

The two moves set up a clash over who will run the bureau pending Congressional confirmation of Cordray’s successor. The legal tension will likely be between the 1998 Federal Vacancies Act (a statute which generally empowers the president to fill vacancies on an interim basis unless some other mechanism is specifically authorized) and the 2010 Dodd-Frank Act which created the CFPB. The case for Cordray being able to designate his own successor under Dodd-Frank may be strengthened by the fact that the version of Dodd-Frank passed by the House had explicitly applied the Vacancies Act to the CFPB, but the conference committee stripped out that language.

Ultimately, the issue will likely have to be resolved in a court of law.

UPDATE: November 26, 2017 10:00 pm: CFPB Deputy Director Leandra English has filed suit in the United States District Court for the District of Columbia claiming that the 2010 Dodd-Frank specific succession provision controls over the provisions of the 1998 Vacancies Act. The suit seeks injunctive relief allowing her to act as interim director until the case can be heard by a federal judge.

House Republicans Threaten CFPB Director with Contempt of Congress

Mon, 12 Jun 2017 00:50:54 GMT

Richard Cordray, Director of the Consumer Financial Protection Bureau, testifies about Wells Fargo at a Senate Committee hearing in September, 2016.

House Republicans issued an Interim Majority Staff Report June 6, 2017 alleging that Richard Cordray, Director of the CFPB, failed to comply with a legal obligation to turn over all documents related to the Wells Fargo unauthorized accounts scandal. The CFPB has responded that it has produced over 57,000 pages of materials already in response to the committee’s document requests, and stands ready to continue to cooperate with the committee staff to satisfy its oversight process.

The House Republicans staff report, entitled Was The “Cop on the Beat”?, was issued shortly before the recent passage by the House of Representatives of Jeb Hensarling’s Financial Choice Act, which, if passed by the Senate, would make major changes to the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Currently, CFPB Director Cordray can only be terminated for “inefficiency, neglect of duty or malfeasance in office”. In alleging that the CFPB has failed to cooperate and that its Director should be held in Contempt of Congress, is the House setting the stage following Senate approval for termination of Cordray by the president at will?

To download and read the entire House Republican Staff Report, click on:

Was The “Cop On The Beat”? Report_2017-6-6_interim_cfpb_wells_fargo_report_final

The report concludes that, in light of the CFPB’s actions to date:

“Director Cordray is in default of the Committee’s Subpoena. Without receipt of all records requested by the Committee from the CFPB, the Committee cannot complete its investigation into the Wells Fargo matter. Accordingly, Committee Majority Staff recommend that the Chairman: (1) issue deposition subpoenas to CFPB employees to investigate Director Cordray’s default; and (2) prepare to, if necessary, initiate contempt proceedings against Director Cordray unless the CFPB produces all responsive records.”

Update regarding WannaCry Ransomware Attack

Tue, 16 May 2017 00:59:28 GMT

By now, you have probably heard about the latest Ransomware attack that has affected over 200,000 devices in over 150 countries.

If you have a Windows computer and are running Windows 10, there is no evidence that this operating system has been targeted. If you are running an older operating system (e.g., Windows 7, Windows Server 2003, 2008, Windows Vista) and have not updated the system regularly, you may be at risk. If you are still running Windows XP, you probably are at risk, as that operating system is no longer generally supported by Microsoft (although a special Custom security update was recently provided by Microsoft to inoculate the XP and Server 2003 operating systems against the WannaCry Ransomware). This, however, was a special case! If you are still using XP or 2003 you are still at risk from other unpatched vulnerabilities. You should seriously consider replacing all XP and Server 2003 systems as soon as possible.

The Ransomware exploits a known vulnerability. Microsoft issued a system update in March to block it, but not all users have taken advantage of the update. Your Windows-based systems may be at risk.

You may want to:

Update Windows systems with the Microsoft patch MS17-010
Notify your employees and staff to be extra cautious right now – even clicking on a suspicious attachment could allow a ransomware attack
Enable automatic updates from Microsoft
Implement “Defense in Depth” (multiple layers of security) and air-gap mission-critical devices
Review and evaluate your backup systems — remember that an attached external hard drive used for backup purposes can be compromised by a sophisticated Ransomware attack and encrypted

Watch Out for Google Docs phishing scam!

Sat, 06 May 2017 01:01:55 GMT

WARNING! Don’t click on the Google Docs e-mail you may have received this week! Don’t go for the bait!!
And tell your colleagues and friends not to click on it!
A very sophisticated and very convincing Google Docs phishing scheme is making its way around the internet. You should avoid clicking on any weird Google Docs that have been emailed to you recently — even if it’s from someone you know! The scam appears innocuous enough — it does not ask for your password. If you succumb to the temptation to click on the link, it asks for some access permissions to your Gmail account (which actual Google Docs links would not need), and then spams everyone in your contacts with a link to a Google Docs file. They, in turn, email everyone in their contacts, and so on. All of them seem to include the email address “hhhhhhhhhhhhhhhh@mailinator.com.”! Be careful!

Lawyers Rock 2017 Fundraiser

Tue, 11 Apr 2017 01:07:15 GMT

IRELA was proud to sponsor “The Objections” band in the annual Lawyers Rock “Battle of the Bands” fundraising event held at Lincoln Hall in Chicago, and significant funds were raised to support the Illinois Bar Foundation and juvenile justice causes.

Pictured above are, from left to right, Don Dopka, Charlie Esquibel, Ken Naylor, Kristi Alsip, Ralph Schumann, Joe Bisceglia (MC for the evening), and IRELA’s own John O’Brien. Thanks to all who came out to support the event.

Thanks to Angela Garbot Photography (www.angelagarbot.com) for use of the photos.

IRELA New Web Site

Mon, 10 Apr 2017 01:25:40 GMT

IRELA has launched its new web site. Easier navigation, better readability, more resources.

Let us know what you think.

CFPB Granted en banc rehearing in PHH v. CFPB

Mon, 10 Apr 2017 01:21:02 GMT

The D.C. Circuit federal appeals court vacated the prior three judge panel October 11, 2016, ruling on claims of PHH Corp. raised in a case challenging a CFPB enforcement action which had imposed a $109 million fine. The D.C. Circuit had ruled that “unchecked power” given to the director of the Consumer Financial Protection Bureau is unconstitutional, and fashioned a remedy giving the president the power to supervise and remove the agency’s director.

On February 16, 2017, the U.S. Court of Appeals for the D.C. Circuit entered an order granting the Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en bancin the PHH Corporation, et al., v. Consumer Financial Protection Bureau case. The court based its decision on amici curiae briefs supporting the petition, the United States’ response to the petition, the petitioners’ response to the petition, the petitioners’ supplemental response, and a majority of eligible judges’ vote in favor of the petition. The order vacates the panel’s October 2016 judgment, sets a briefing schedule, and sets May 24, 2017 as the date for oral argument.

UPDATE: The United States Justice Department has requested 10 minutes of oral argument time.

The case is PHH Corporation v. Consumer Financial Protection Bureau.

Annual Harold I. Levine Real Estate Institute

Wed, 02 Nov 2016 01:44:47 GMT

IRELA was happy to help sponsor this important program last November. Watch for information regarding the 2017 Harold I. Levine Real Estate Institute which will take place this coming November.

13th Annual Harold I. Levine Real Estate Institute

A Program for ATG, ATG Trust, and IRELA Members.

This popular program sells out every year!

Established in 2004, the Harold I. Levine Real Estate Institute brings together authorities in the real estate, trust, and estate planning arenas to discuss critical issues facing attorneys with the goal of enlightening them for the benefit of their clients, their practices, society, and the bar.

Plan to attend.

Illinois Real Estate Lawyers Association Recent News

Legislative Update: 2025 Spring Session

Press Release

Legislative Update: 2024 Spring Session

Legislative Update: HB5538

Advocacy 2023 End of the Year Report

Ensuring the Quality of Title Insurance Products

E-Notary Rules - June 2023

Special Warranty Deed

Illinois Supreme Court: Channon v Westwood

IRELA Legislative Update

DS-1 TRO Available

IRELA v. IDFPR: TRO Granted March 3, 2022

Get an early look at next year’s property taxes - Cook County

Legislative Update - Bills Signed

Special Session Legislative Update

Legislative Update: the G.A., “Market Reform” Legislation, and Gov. Pritzker's Orders

Executive Orders 1 - 7

Executive Orders 8 - 11

Executive Orders 12 - 18

COVID- 19 Timeline (with links)

Judge Grants Summary Judgment (ILTA v. Cook County Recorder)

Rights Of Heirs and Legatees and Their Purchasers In Illinois Real Estate

Pappas: Automatic property tax refunds of $8.3 million going to 30,000 homeowners

The Multi-Board 7.0 Is Here!

LEGISLATIVE ALERT: Urge Your State Representative to Support SB 65, Overriding the Governor’s Veto & Precluding the Bifurcation of Title

ILTA Files Suit Against Cook County Recorder Over Affidavits of Heirship

IDFPR Issues Cease & Desist to PNTN & WFG, Fines Each $14 Million

IDFPR Publishes Condominium and Common Interest Community Complaint Resolution Policy Templates

Update on the DS-1 | Judge Grants Attorneys’ Title Guaranty Fund’s Preliminary Injunction, Delays Implementation of the New DS-1

Update on the DS-1

Update on the DS-1 | ATG Files Suit, Seeks TRO & Writ of Prohibition

Update on the DS-1

A Win for All Lawyers in Illinois

A Win for All Lawyers in Illinois

The Judge in ISBA v. IDFPR Issues Order Against “Unlicensed Appraisal of Real Estate” Prosecutions

Update on Implementation Process for New DS-1 Form (Disclosure of Financial Interest)

The Department of Financial Institutions Has Delayed Implementation of the Revised DS-1 Form (Disclosure of Financial Interest) . . . Again!

4th Annual Clink Spring Toast

Update on Implementation Process for New DS-1 Form (Disclosure of Financial Interest)

The Department of Financial Institutions Has Delayed Implementation of the Revised DS-1 Form (Disclosure of Financial Interest)

Revision of the Disclosure of Financial Interest form (DS-1)

Revision of the Disclosure of Financial Interest

NAR Tax Law Summary

National Association of Realtors (NAR) SUMMARY: The Tax Cuts and Jobs Act – What it Means for Homeowners and Real Estate Professionals

IRELA Update: CFPB Director Cordray Resigns

IRELA Update:

CFPB Director Richard Cordray Resigns Who Will Lead the CFPB? — Cordray Designates Deputy DirectorLeandra English As Successor

House Republicans Threaten CFPB Director with Contempt of Congress

Update regarding WannaCry Ransomware Attack

Watch Out for Google Docs phishing scam!

Lawyers Rock 2017 Fundraiser

IRELA New Web Site

CFPB Granted en banc rehearing in PHH v. CFPB

Annual Harold I. Levine Real Estate Institute

13th Annual Harold I. Levine Real Estate Institute

The Judge in ISBA v. IDFPR Issues Order Against
“Unlicensed Appraisal of Real Estate” Prosecutions

National Association of Realtors (NAR)
SUMMARY: The Tax Cuts and Jobs Act – What it Means for
Homeowners and Real Estate Professionals

CFPB Director Richard Cordray Resigns
Who Will Lead the CFPB? — Cordray Designates Deputy Director
Leandra English As Successor