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. 

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.

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.

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.

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.

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 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.

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.

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.