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Chapter 1 — Rescission - I. [1.1] What Is Rescission?
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II. [1.2] What Are the General Elements of Rescission? - III. [1.6] What Are the Specific Grounds for Rescinding a Real Estate Contract?
- [1.7] Rescission of a Contract Through Fraud
- [1.8] A Representation in the Form of a Statement of Material Fact Made for Inducing the Other Party To Act
- [1.9] Is the Statement Material
- [1.10] Is There a Fact at Issue?
- [1.11] Can Conclusions of Law Constitute Statements of Fact?
- [1.12] Fraudulent Concealment
- [1.13] The Statement Is False and Known by the Party Making It To Be False or Not Actually Believed by Him or Her To Be True
- [1.14] The Party To Whom the Statement Is Made Must Be Ignorant of Its Falsity, Must Reasonably Believe It To Be True, Must Act Thereon to His or Her Damage, and in So Acting Must Rely on the Truth of the Statement
- [1.15] Rescission of a Contract Through Unilateral and Mutual Mistake
- [1.16] One or Both Parties Were Mistaken Regarding a Material Feature of the Contract
- [1.17] The Matter Is of Such Grave Consequence That Enforcement of the Contract Would Be Unconscionable
- [1.18] The Mistake Occurred Despite the Exercise of Reasonable Care
- [1.19] Does the Reasonable Care Element Require a Party To Retain Third-Party Experts?
- [1.20] The Other Party Can Be Placed in the Status Quo Ante
- [1.21] Are There Any Circumstances in Which Illinois Courts Distinguish Between Mutual Mistakes and Unilateral Mistakes?
- [1.22] Rescission of a Contract Through Breach of the Implied Warranty of Habitability
- [1.23] “Reasonable Care”
- [1.24] Is the Breach Material?
- [1.25] Rescission Will Return the Parties to the Status Quo Ante
- [1.26] Statutory Grounds for Rescinding Real Estate Purchase Contracts
- [1.27] The Condominium Property Ac
- [1.28] The Dwelling Unit Installment Contract Act
- [1.29] Local Ordinances
- IV. [1.30] Attorneys’ Fees
- Chapter 2 — Reformation
- I. [2.1] Scope of Chapter
- II. [2.2] Introduction
- III. [2.3] Presumption of Validity of a Writing
- IV. [2.4] Elements of Reformation
- V. [2.9] Reformation Is Not Rescission
- VI. Instruments Subject to Reformation
- VII. [2.12] Instruments Not Subject to Reformation
- VIII. [2.13] Grounds for Relief
- IX. [2.17] Parties to Reformation
- X. Pleading
- XI. Defenses to Reformation
- XII. [2.22] Non-Defenses to Reformation
- XIII. [2.23] Burden of Proof
- XIV. [2.24] Appellate Standard
- XV. [2.25] Conclusion
- Chapter 3 — Breach of Real Estate Contract: Specific Performance
- Chapter 4 — Suits To Quiet Title in Real Estate
- I. [4.1] Scope of Chapter
- II. [4.2] Introduction
- III. [4.3] Elements of Quiet Title
- IV. Cloud on Title Is Not Slander of Title
- V. [4.6] Statute of Limitations
- VI. Quiet Title Is Not Ejectment or Forcible Entry and Detainer
- VII. [4.9] Pleading
- VIII. Defenses
- IX. [4.14] Presumption and Burden of Proof
- X. [4.15] Evidence
- XI. [4.16] Relief
- XII. [4.17] Conclusion — Practical Considerations
- Chapter 5 — Suits To Partition Interests in Real Estate
- I. [5.1] Scope of Chapter
- II. [5.2] Introduction — Definition of “Partition”
- III. [5.3] Types of Ownership Interests Subject to Partition
- IV. [5.4] Types of Interests Not Subject to Partition
- V. [5.5] Effect of Partition
- VI. [5.9] Voluntary Partition
- VII. Involuntary Partition
- [5.10] Involuntary Partition Contrasted with Voluntary Partition
- [5.11] Procedure
- [5.12] General Procedural Considerations
- Complaint
- [5.13] In General
- [5.14] Sample Verified Complaint
- [5.15] Parties
- Judgment
- [5.16] In General
- [5.17] Sample Judgment
- Appointment of Commissioner and Surveyor
- [5.18] In General
- [5.19] Sample Commissioner’s Oath
- [5.20] Partition Homestead Provision
- [5.21] Election as to Shares
- [5.22] Effect of Liens
- [5.23] Eviction by Person with Better Title
- Report of Sale: Conveyances
- [5.24] In General
- [5.25] Sample Report of Sale
- [5.26] Sample Confirmation of Sale
- [5.27] Distribution of Proceeds
- [5.28] Life Estate or Homestead
- [5.29] Unknown Owners
- [5.30] Deposit of Proceeds of Sale
- [5.31] Vesting Title
- [5.32] Apportioning of Costs and Attorneys’ Fees
- [5.33] Adjustment of Rights After Judgment
- [5.34] Burden of Proof
- [5.35] Answer
- [5.36] Lis Pendens
- [5.37] Review on Appeal
- VIII. [5.38] Conclusion
- Chapter 6 — Affirmative Claims, Predatory Lending, and Potential Class Actions
- I. [6.1] In General
- II. The Illinois Mortgage Foreclosure Law
- [6.2] Transactions to Which the IMFL Is Applicable
- [6.3] Constructive Mortgages
- [6.4] Statutory Regulation of Constructive Mortgages and Foreclosure Rescue Scams
- [6.5] Loan Modification Scams
- [6.6] Who Has the Right To Foreclose?
- [6.7] Statutory Grace Period
- [6.8] Acceleration Notice
- [6.9] Reinstatement
- [6.10] Redemption
- [6.11] Deed in Lieu of Foreclosure and Consent Foreclosure
- [6.12] Nonjudicial Foreclosures
- [6.13] Allegations Deemed Included in Complaint
- [6.14] Sale
- [6.15] Attorneys’ Fees
- [6.16] Procedural Points
- [6.17] Evidence
- [6.18] Appeal
- [6.19] Trial by Jury
- III. [6.20] Predatory Lending Practices
- [6.21] Deceptive Solicitation
- [6.22] Home Improvement Abuses
- [6.23] Questionable Mortgage Broker Practices
- [6.24] Unnecessarily High Rates
- [6.25] Excessive Points and Fees
- [6.26] Single-Premium Credit Insurance
- [6.27] Flipping
- [6.28] Bogus and Junk Fees and Charges
- [6.29] Prepayment Penalties
- [6.30] Balloon Payments and Call Provisions
- [6.31] Negative Amortization
- [6.32] “Pick-a-Payment” Loans
- [6.33] Loans over 100 Percent Loan-to-Value Ratio
- [6.34] Mandatory Arbitration
- [6.35] Misapplication of Payments and Miscomputation of Interest
- [6.36] Force-Placed Insurance
- IV. [6.37] Is There a Default?
- V. Legal Remedies for Mortgage Abuses
- [6.38] Emerging “Suitability” Standard
- [6.39] Truth in Lending and Home Ownership and Equity Protection Acts
- [6.40] Applicability
- [6.41] Purpose
- [6.42] Rescission Rights
- [6.43] HOEPA
- [6.44] Regulatory Extension of HOEPA to Higher-Priced Mortgage Loans
- Additional Restrictions on All Mortgages Imposed During 2008 – 2012
- [6.45] Dodd-Frank Wall Street Reform and Consumer Protection Act
- [6.46] Federal Trade Commission/Consumer Financial Protection Bureau Regulations
- [6.47] Notice of Transfer
- [6.48] Common Violations
- [6.49] Remedies
- [6.50] Limitations
- [6.51] 2013 Regulations
- [6.52] Real Estate Settlement Procedures Act and Regulation X
- [6.53] Good-Faith Estimate
- [6.54] Escrow Limitations
- [6.55] Cranston-Gonzales National Affordable Housing Act
- [6.56] Kickbacks, Yield Spread Premiums, and Bogus
- [6.57] Fair Debt Collection Practices Act
- [6.58] Collection Agency Act
- [6.59] Equal Credit Opportunity Act and Regulation B
- [6.60] Fair Housing Act and 42 U.S.C. §§1981 – 1982
- [6.61] Fair Credit Reporting Act
- [6.62] Consumer Fraud and Deceptive Business Practices Act
- [6.63] Deception
- [6.64] Unfairness
- [6.65] Elimination of Common-Law Fraud Restrictions
- [6.66] National Mortgage Servicing Settlements
- [6.67] Mortgage Practices Challenged Under Consumer Fraud Act
- [6.68] Residential Improvement Loan Act
- [6.69] Residential Mortgage License Act and Regulations
- [6.70] High Risk Home Loan Act
- [6.71] Prohibitions
- [6.72] Limitations
- [6.73] Lender Requirements
- [6.74] Disclosure Requirements
- [6.75] Civil Remedies
- [6.76] Former Administrative Regulations
- [6.77] County and City Ordinances
- [6.78] Interest Act
- [6.79] Consumer Installment Loan Act and Division of Financial Institutions Regulations, 38 Ill.Admin. Code, pt. 110
- [6.80] Fiduciary Liability of Mortgage Broker
- [6.81] Credit Repair Organizations Act
- [6.82] Equitable Defenses in Mortgage Foreclosures
- [6.83] Unconscionability
- [6.84] Illinois Fairness in Lending Act
- VI. [6.85] Liability of Assignees and Holders
- Chapter 7 — Residential Real Estate Mortgage Foreclosure: Plaintiff-Lender’s Case
- I. [7.1] Introduction
- II. [7.2] Alternatives to Foreclosure
- III. [7.3] Nature of the Action
- IV. [7.4] Parties to the Foreclosure
- V. Prefiling Considerations
- VI. [7.16] Litigating and Proving the Foreclosure Action
- [7.17] The Complain
- [7.18] Notice of Foreclosure
- [7.19] Service
- [7.20] Personal and Substituted Service
- [7.21] Publication Service
- [7.22] Payoff Demands
- Answer, Affirmative Defenses, and Counterclaims
- [7.23] Answer
- [7.24] Affirmative Defenses
- [7.25] Counterclaims
- [7.26] Counterclaim for Foreclosure
- [7.27] Discovery Considerations
- [7.28] Prejudgment Possession
- [7.29] Default Judgment
- Proving the Case
- [7.30] Proving the Default and Amount
- [7.31] Proving Lien Priorities
- VII. The Judgment of Foreclosure
- VIII. [7.35] Judicial Sale
- IX. Post-Confirmation Issues
- Chapter 8 — Defenses to Commercial and Residential Mortgage Foreclosure Actions
- I. [8.1] Scope of Chapter
- II. [8.2] Generally Advising the Client
- III. Initial Questions
- IV. [8.9] Statutory Cure and Reinstatement
- V. [8.10] Possession During Foreclosure
- VI. [8.11] Due-on-Sale Clauses
- VII. [8.12] Extension, Laches, and Reformation
- VIII. [8.13] Jurisdiction, Service, and Publication
- IX. Trial Tactics
- X. [8.16] Protection of Guarantors
- XI. [8.17] Redemption
- XII. [8.18] Lender Liability
- XIII. [8.19] Condominium Problems
- XIV. [8.20] Foreclosure Sales, Confirmation, and Deficiency Judgments
- XV. [8.21] Bankruptcy
- XVI. [8.22] Attorneys’ Fees
- XVII. [8.23] Insurance Questions in Foreclosure
- XVIII. [8.24] Dissolution of Marriage
- XIX. [8.25] Homestead Exemptions
- XX. [8.26] Usury
- XXI. [8.27] Duress
- XXII. [8.28] Rights of Tenants and Occupants
- XXIII. [8.29] Supreme Court Rules Specific to Mortgage Foreclosures
- Chapter 9 — Loan Commitment Litigation and the Illinois Credit Agreements Act
- I. [9.1] Scope of Chapter
- II. Commercial Real Estate Development Loan Commitments
- III. The Illinois Credit Agreements Act
- [9.6] Introduction
- [9.7] Effective Date of the Act
- [9.8] Application of the Act to Commercial Loan Commitments
- [9.9] Requirements of the Act
- [9.10] There Must Be a Writing with Double Signatures
- [9.11] The Writing Must Contain the Relevant Terms and Conditions of the Loan Commitment
- [9.12] Modifications
- [9.13] Whether the Act Bars Only Actions by Debtors
- [9.14] Breadth of the Act
- Causes of Action That Potentially Survive the Act
- [9.15] Noncommercial Real Estate Loan Commitments
- [9.16] Promissory Estoppel
- [9.17] Agreements To Forgive Rather than To Forbear Debt
- IV. Express Contract Claims
- V. Other Potential Causes of Action
- VI. Damages and Other Remedies
- VII. [9.28] Conclusion
- Chapter 10 — Cooperative, Condominium, and Homeowners’ Association Litigation
- I. [10.1] Introduction
- II. Different Types of Community Associations
- III. The Association’s Legal Authority
- IV. [10.10] Suits by the Association Against Unit Owners
- V. [10.11] Disclosure of Association Documents and Records
- VI. Collection of Delinquent Assessments
- [10.12] Application of the Fair Debt Collection Practices Act to Unpaid Assessments
- [10.13] Lien Rights
- [10.14] Assessment Lien Foreclosures
- [10.15] Suit for Monetary Judgment
- [10.16] Actions in Forcible Entry and Detainer
- [10.17] Collection of Attorneys’ Fees
- [10.18] Mortgage Foreclosures
- [10.19] Bankruptcies
- VII. Suits Against the Association
- [10.20] Personal Injury
- Breach of Fiduciary Responsibility
- [10.21] Members of the Board of Directors Owe Fiduciary Duties — But Not the Association Itself
- [10.22] Defenses to Claims for Breach of Fiduciary Duty
- [10.23] Exculpatory Provisions in the Governing Documents
- [10.24] Business-Judgment Rule
- [10.25] Reliance on Advice of Counsel
- [10.26] Standing
- [10.27] Civil Rights/Fair Housing Violations
- [10.28] Covenant Disputes
- [10.29] Mechanics Liens
- [10.30] Condemnation
- [10.31] Towing
- [10.32] Taxation
- VIII. [10.33] Actions by the Association vs. the Developer
- IX. [10.34] The Attorney-Client Privilege in Community Association Litigation
- X. Appendix
- Chapter 11 — Real Estate Broker Litigation
- I. [11.1] Scope of Chapter
- II. Definitions and Licensing Requirements
- III. Agency Relationships of Real Estate Brokers
- IV. [11.12] Forms of Broker Agreements
- Seller Agreements
- [11.13] Open Listing Agreement
- [11.14] Exclusive Agency Listing Agreement
- [11.15] Exclusive Right To Sell Listing Agreement
- Buyer Agreements
- [11.16] Exclusive Buyer Agency Agreement
- [11.17] Exclusive Agency Buyer Agency Agreement
- [11.18] Open Buyer Agency Agreement
- [11.19] Written Agreements Generally
- V. [11.20] Duties of Real Estate Brokers
- VI. [11.24] Causes of Action Against Real Estate Brokers
- VII. Causes of Action Brought by Real Estate Brokers
- VIII. [11.35] Commercial Real Estate Broker Lien Act
- Chapter 12 — Property Tax Litigation
- I. [12.1] Introduction
- II. [12.2] Legal Foundation of Property Tax Assessments
- III. [12.9] Assessment Appeals
- [12.10] Board of Review
- [12.11] Property Tax Appeal Board
- [12.12] Process and Procedure at the PTAB
- [12.13] Issues of Note Involving Appeals at the PTAB
- [12.14] Use of the Sales Comparison Approach to Value in Appraisal Evidence
- [12.15] Preclusive Effects of Filing a PTAB Appeal
- [12.16] Treatment of “Open Space”
- [12.17] Circuit Court
- [12.18] Developing Evidence of Value
- IV. [12.19] Tax Rate Objections
- V. [12.24] Exemptions from Taxation
- VI. [12.32] Certificates of Error
- VII. [12.33] Interest on Property Tax Refunds
- VIII. [12.34] Conclusion
- IX. [12.35] Appendix — Recommended Resources
- Chapter 13 — Construction Litigation
- I. Introduction
- II. Who Is Responsible?
- [13.3] Economic-Loss Rule (The Moorman Doctrine)
- [13.4] Exceptions to the Economic-Loss Rule
- [13.5] Sudden and Calamitous Damage to Other Property
- [13.6] Intentional Misrepresentation (Fraud)
- [13.7] Negligent Misrepresentation by One in the Business of Supplying Information
- Construction Contract Indemnification for Negligence Act
- [13.8] Coverage Under the Anti-Indemnity Act
- [13.9] Exceptions to the Anti-Indemnity Act
- [13.10] Waiver-of-Subrogation Clauses
- [13.11] Contract Standard of Care for Design Professional
- [13.12] Third-Party Beneficiary
- [13.13] Open and Obvious Dangers
- The Owner’s Warranties
- [13.14] To Design Professionals
- [13.15] To Contractors
- [13.16] To Buyers
- III. For What Damages?
- IV. For How Long?
- V. Where Can I Sue?
- List of Forms
- Index
- Jenifer H. Caracciolo
Jenifer H. Caracciolo
No bio available.
- Ares G. Dalianis
Ares G. Dalianis
Ares G. Dalianisis a Partner with Franczek P.C., in Chicago, where he concentrates his practice in property tax law and education law. He is a member of the Illinois State Bar Association (ISBA) and the International Association of Assessing Officers (IAAO). Mr. Dalianis earned his B.A. from the University of Illinois and his J.D. from the University of Illinois College of Law.
- Daniel A. Edelman
Daniel A. Edelman
Daniel A. Edelman is Principal of the firm Edelman Combs Latturner & Goodwin, LLC. Since the end of 1985, he has been in private practice in downtown Chicago. Virtually all of his practice involves litigation on behalf of consumers, including individual and class actions under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Real Estate Settlement Procedures Act, and the Truth in Lending Act and debt collection defense. Mr. Edelman argued for the consumer in Heintz v. Jenkins, 514 U.S. 291, 131 L.Ed.2d 395, 115 S.Ct. 1489 (1995), establishing FDCPA coverage of attorneys. Mr. Edelman is the author or coauthor of numerous books and publications on class actions and consumer protection law, including CONSUMER CLASS ACTION MANUAL (NCLC, 2d – 5th editions) (coauthor) and chapters in OHIO CONSUMER LAW and IICLE®’s REAL ESTATE LITIGATION (2021) and CAUSES OF ACTION: CONSUMER ACTIONS (2020), as well as articles for the Loyola Consumer Law Reporter and the Chicago Bar Association. He received his J.D. from the University of Chicago Law School.
- Mark C. Goldenberg
Mark C. Goldenberg
Mark C. Goldenberg is a Founder and Managing Partner of Goldenberg Heller Antognoli, P.C., in Edwardsville, where he focuses his practice on business and commercial law, real estate, trusts and estate planning, class actions, and mesothelioma. He is a member of the Illinois State, Madison County (Past Treasurer), and Tri-City (Past President, Vice-President, and Treasurer) Bar Associations. Mr. Goldenberg is also a member of the Illinois Association of Certified Public Accountants, the Illinois Trial Lawyers Association, and the Alton Branch NAACP (Lifetime Member). He earned his B.S. from the University of Illinois and his J.D. from the University of Illinois College of Law.
- Tara L. Goodwin
Tara L. Goodwin
Tara L. Goodwin is a Member of Edelman Combs Latturner & Goodwin, LLC, in Chicago, and concentrates her practice in consumer law and litigation. Ms. Goodwin is a member of the Chicago Bar Association and the National Association of Consumer Advocates. She received her J.D. with high honors and Order of the Coif from Chicago-Kent College of Law and her B.A. with honors from the University of Chicago.
- LaVon M. Johns
LaVon M. Johns
LaVon M. Johns is a Partner with Quintairos, Prieto, Wood & Boyer, P.A., in Chicago, where she concentrates her practice in commercial real estate and finance. Ms. Johns is a member of the ACMA, a member of the Board of Directors of IICLE®, and an adjunct law professor at Northwestern Pritzker University School of Law. Ms. Johns earned her B.A. from Creighton University and her J.D. from Northwestern University School of Law.
- Katelyn Rose Letizia
Katelyn Rose Letizia
No bio available.
- Samuel H. Levine
Samuel H. Levine
Samuel H. Levine is an attorney practicing in Chicago with a focus on construction and real estate litigation. He is a member of the Society of Illinois Construction Attorneys, the American College of Real Estate Lawyers, and the Illinois State Bar Association (Construction; Commercial, Banking, Collections and Bankruptcy; and Real Estate Section Councils); a Fellow of the American College of Real Estate Lawyers; an Illinois Super Lawyer (Construction Litigation); an Illinois Leading Lawyer (Creditors’ Rights/Commercial Collections Law and Real Estate); and a frequent lecturer in the areas of mechanics liens, construction law, real estate litigation, and loan and collateral enforcement. Mr. Levine received his B.A. from Washington University in St. Louis and his J.D. from Chicago-Kent College of Law.
- Mitchell A. Lieberman
Mitchell A. Lieberman
Mitchell A. Lieberman is a Partner with Noonan & Lieberman PLLC, in Chicago, where he concentrates his practice in consumer financial services, bankruptcy, residential and non-residential mortgage lending and servicing, depository institutions, real estate litigation, and business entities and commercial transactions. Mr. Lieberman has been rated AV Preeminent for over 20 years. He is a member of the Chicago, Illinois State, and American Bar Associations. Mr. Lieberman earned his B.A. from Indiana University and his J.D. from DePaul University.
- Scott R. Metcalf
Scott R. Metcalf
Scott R. Metcalf is a Partner with Franczek P.C., in Chicago, where he focuses his practice on education law and real estate taxation. He is a member of the Chicago and Illinois State Bar Associations. Mr. Metcalf earned his B.A. from Augustana College, his M.A. from Loyola University Chicago, and his J.D. from Chicago-Kent College of Law.
- Julie A. Meyer
Julie A. Meyer
No bio available.
- Hal R. Morris
Hal R. Morris
Hal R. Morris is a Partner with Saul Ewing Arnstein & Lehr LLP, in Chicago, where he concentrates focuses his practice in the areas of commercial and municipal real estate, class action litigation and appellate law. He is an adjunct professor at Chicago-Kent School of Law, an instructor at the University of Chicago School of Law, teaching legal ethics, and a member of the Board of Directors for IICLE®. Mr. Morris earned his B.A. from the University of Chicago, his M.B.A. from the University of Chicago, Booth School of Business, and his J.D. with highest honors from Chicago-Kent College of Law.
- James V. Noonan
James V. Noonan
James V. Noonan is a Partner with Noonan & Lieberman, Ltd., in Chicago, where he concentrates his practice in creditor’s rights, real estate, and commercial litigation. He was a board member of the American Legal and Financial Network (2009 – 2015), a panel member of the Law Ed series on Federal Court foreclosure practice, and the author of REAL ESTATE LITIGATION(IICLE®, 2021). Mr. Noonan received his B.A. from Marquette University and his J.D. from DePaul University College of Law.
- Daniel I. Schlade
Daniel I. Schlade
Daniel I. Schlade is the Founder of the Law Office of Daniel I. Schlade, in Chicago, where he focuses on real estate and commercial litigation, which includes contested mortgage foreclosures, mortgage and loan workouts, mechanics liens foreclosures and construction disputes, title disputes, latent defect and warranty disputes, broker and appraiser liability, condominium disputes, and eviction actions. Mr. Schlade received his B.S. from the University of Illinois and his J.D. from Chicago-Kent College of Law, where he was a member of the Order of the Coif.
- Clifford J. Shapiro
Clifford J. Shapiro
Clifford J. Shapiro is a Partner at Barnes & Thornburg LLP in Chicago, where he is Chair of the Construction Law Practice Group. He is a Fellow of the American College of Construction Lawyers, Past President of the Society of Illinois Construction Attorneys, and an active member of the ABA Forum on the Construction Industry. He is an inaugural member of the American College of Coverage and Extracontractual Counsel, is ranked as a “Band 1” Top Construction Attorney by Chambers USA, and is also listed as a top construction lawyer by Leading Lawyers and Illinois Super Lawyers. Mr. Shapiro received his B.A. magna cum laude from Washington University in St. Louis and his J.D. with high honors, Order of the Coif, from George Washington University Law School, where he was a member of the law review.
- Jordan I. Shifrin
Jordan I. Shifrin
Jordan I. Shifrin is the Retired Principal of Kovitz Shifrin Nesbit, in Mundelein. Not only did Mr. Shifrin start Kovitz Shifrin Nesbit, he established the firm’s core values of simplicity, responsiveness, kindness, efficiency, innovation, and entrepreneurship. He is among the industry’s best known and most highly respected Common Interest Community Association (condominium, townhome, homeowner, master) law attorneys. Over the years, he has counseled thousands of associations and mentored dozens of attorneys, including several who practice at KSN today. Mr. Shifrin is among the most widely published attorneys in his field, with numerous articles, newspaper columns, and two books to his credit. Additionally, he is a fellow of the CAI (Community Associations Institute) College of Community Association Attorneys, a charter member of Leading Lawyers, and a charter member of Super Lawyers (Illinois, named on the Super Lawyers list for over 10 consecutive years). Mr. Shifrin is a member of numerous professional organizations, including the National Association of Housing Cooperatives and the Illinois State Bar Association, and has served as president of the Northwest Suburban Bar Association and as a member of the Board of Directors of the Illinois Chapter of the Community Associations Institute. He received his B.A. and M.A. from the University of Illinois — Chicago and his J.D. from The John Marshall Law School.
- Diane J. Silverberg
Diane J. Silverberg
Diane J. Silverberg is a Principal with Kovitz Shifrin Nesbit, in Chicago, where she concentrates her practice in litigation. Ms. Silverberg is an Illinois Super Lawyer (2007, 2009 – 2021), an Illinois Leading Lawyer in Real Estate Law: Associations and Condominiums (2015 – 2020), and has been rated by Martindale Hubbell with an AV Judicial Rating and AV Peer Rating. She earned her B.A. with distinction, Phi Beta Kappa, Phi Kappa Phi, from the University of Wisconsin-Madison and her J.D. from the University of Wisconsin Law School.
- Eric L. Singer
Eric L. Singer
Eric L. Singer is a Partner at Ice Miller LLP in the DuPage County office in Lisle, where he concentrates his practice in construction law and litigation. He is a member of the American, Illinois State, and DuPage County Bar Associations; the American Bar Association Forum on the Construction Industry; and the Society of Illinois Construction Attorneys. He is also a Professional Affiliate Member of the American Institute of Architects Chicago and AIA Northeast Illinois. Mr. Singer received his B.A. magna cum laude from the University of Illinois, Phi Beta Kappa, and his J.D. from the University of Chicago Law School.
- Jenée M. Straub
Jenée M. Straub
Jenée M. Straub is currently living in Katy, Texas. She previously practiced at Ice Miller LLP in Chicago. Ms. Straub received her B.A. from Bradley University and her J.D. cum laude from Northern Illinois University College of Law.
Real Estate Litigation (ARCHIVED 2013 EDITION)
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