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Table of Contents

Chapter 1 — Basic Nature of the Land Trust

Chapter 2 — Documentation of the Land Trust

Chapter 3 — Land Trust Legal Attributes

Chapter 4 — Land Trust Administration

Chapter 5 — Transactions in Land Trust Property

Chapter 6 — Litigation Involving Land Trust Property

I. Introduction

[6.1] Common Law Conceptual Problems Related to Litigation

[6.2] The Trustee as Party

[6.3] The Beneficiary as Party

[6.4] Peculiarities of Land Trusts

II. General Litigation Considerations

[6.5] Description of Trust

[6.6] Parties to Land Trust Litigation

[6.7] Title Actions

[6.8] Contract Actions: Beneficiary’s Position

[6.9] Contract Actions: Trustee’s Position

[6.10] Exoneration Provisions

[6.11] Action To Enforce

[6.12] Tort Actions: Beneficiary’s Position

[6.13] Tort Actions: Trustee’s Position

[6.14] Piercing the Trust Veil

III. Particular Proceedings

[6.15] By Trustee

[6.16] Unauthorized Contract: Ratification by Trustee

[6.17] Unauthorized Contract: Remedy

[6.18] By Beneficiary

[6.19] Statute of Frauds

[6.20] Mechanics’ Liens

[6.21] Marital Rights

[6.22] In General

[6.23] General Lease Covenants

[6.24] Rent Actions

[6.25] Ratification of Unauthorized Leases

[6.26] Possessory Actions: Forcible Detainer

[6.27] Covenants Exempting Lessor from Liability

[6.28] Lease Options

[6.29] Mortgage Foreclosures

[6.30] Parties

[6.31] Waiver of Redemption

[6.32] Guaranty: Deficiency Judgment

[6.33] Curing Defaults

[6.34] Redemptions

[6.35] Forms

[6.36] Complaint To Foreclose Land Trust Mortgage

[6.37] Judgment of Foreclosure and Sale of Land Trust Mortgage

[6.38] Land Trust as Purchaser Under Foreclosure

[6.39] Due on Sale Clauses

[6.40] Assignment Financing Procedures

[6.41] Judgment Without Sale

[6.42] Adequacy of Sale Price

[6.43] Trustee as Assignment Creditor

[6.44] Redemption from Code Sale; Fees

[6.45] In General

[6.46] Enforcement of Rights

[6.47] Creditors’ Remedies

[6.48] Creditors’ Bill

[6.49] Citation Proceedings

[6.50] Sequestration

[6.51] Forcible Detainer

[6.52] In Probate

[6.53] Fraudulent Conveyances

[6.54] Installment Contracts

[6.55] Bankruptcy

[6.56] Homestead Exemption

[6.57] Negligence Actions

[6.58] Dram Shop Actions

[6.59] In General

[6.60] Unavailability of Partition

[6.61] Deadlock

[6.62] Dissolution

[6.63] Accounting

[6.64] Options Among Beneficiaries

[6.65] Easements

[6.66] Proceeds of Trust

[6.67] Probate Proceedings

[6.68] Building Ordinance Proceedings

[6.69] Position of Trustee

[6.70] Position of Beneficiaries

[6.71] Condemnation

[6.72] Tax Deeds

[6.73] Restrictive Covenants

[6.74] Constructive Trusts in Beneficial Interest

[6.75] Fraud and Reformation

[6.76] Interpleader by Trustee

[6.77] Other Proceedings

[6.78] Accounting

[6.79] Administrative Review

[6.80] Annexation Petition

[6.81] Arbitration

[6.82] Bill To Quiet Title

[6.83] Brokers

[6.84] Business Interference

[6.85] Class Actions

[6.86] Confession of

[6.87] Construction Contract

[6.88] Counterclaim for Equitable Relief

[6.89] Covenants

[6.90] Declaratory Judgment

[6.91] Demolition Proceedings

[6.92] Ejectment

[6.93] Forfeiture of Installment Contract

[6.94] Injunctive Relief

[6.95] Insurance

[6.96] Joint Ventures

[6.97] Land Dedications

[6.98] Mandamus

[6.99] Motion To Dismiss

[6.100] Nonconforming Use

[6.101] Options

[6.102] Partition

[6.103] Pollution Board Proceedings

[6.104] Reformation of Instruments

[6.105] Rescission

[6.106] Restoration of Lost Deed in Trust

[6.107] Right of Intervention

[6.108] Section 72 Proceedings

[6.109] Setoff

[6.110] Slander of Title

[6.111] Specific Performance

[6.112] Statutory Liens

[6.113] Tax Objections

[6.114] Third-Party Proceedings

[6.115] Torrens Act Registration

[6.116] Trespass

[6.117] Usury

[6.118] Zoning

IV. Practice and Evidence

[6.119] In General

[6.120] Pleadings

[6.121] Statute of Limitations

[6.122] Evidence

[6.123] Construction

[6.124] Litigation Documentation

Chapter 7 — Tax Aspects of Land Trust Usage

Chapter 8 — Extended Uses of Land Trusts

Appendix

Authors

Henry W. Kenoe
Henry W. Kenoe
No bio available.

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Kenoe on Land Trusts (Classic 1989 EDITION)

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