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List of Forms by Chapter
Chapter 1 — Reformation
IV. [1.4] Elements of Reformation
VI. Instruments Subject to Reformation
VIII. [1.13] Grounds for Relief
X. Pleading
XI. Defenses to Reformation
Chapter 2 — Breach of Real Estate Contract: Specific Performance
Chapter 3 — Suits To Quiet Title in Real Estate
IV. Cloud on Title Is Not Slander of Title
VI. Quiet Title Is Not Ejectment or Eviction
VII. [3.9] Pleading
VIII. Defenses
Chapter 4 — Suits To Partition Interests in Real Estate
V. [4.5] Effect of Partition
VII. Involuntary Partition
Chapter 5 — Affirmative Claims, Predatory Lending, and Potential Class Actions
II. The Illinois Mortgage Foreclosure Law
III. [5.22] Predatory Lending Practices
V. Legal Remedies for Mortgage Abuses
VI. [5.96] Liability of Assignees and Holders
Chapter 6 — Residential Real Estate Mortgage Foreclosure: Plaintiff-Lender’s Case
IV. [6.4] Parties to the Foreclosure
V. Prefiling Considerations
VI. [6.22] Pleading the Foreclosure Action
VII. The Judgment of Foreclosure
VIII. [6.56] Judicial Sale
IX. Post-Confirmation Issues
Chapter 7 — Loan Commitment Litigation and the Illinois Credit Agreements Act
II. Commercial Real Estate Development Loan Commitments
III. The Illinois Credit Agreements Act
IV. Express Contract Claims
V. Other Potential Causes of Action
VI. Damages and Other Remedies
Chapter 8 — Condominium, Townhome, and Homeowners’ Association Litigation
II. Different Types of Common Interest Residential Associations
III. The Association’s Legal Authority
V. Collection of Delinquent Assessments
VI. Lawsuits by a Unit Owner Against the Association
IX. Appendix
Chapter 9 — Real Estate Broker Litigation
II. Definitions and Licensing Requirements
III. Agency Relationships of Real Estate Brokers
IV. [9.12] Forms of Broker Agreements
V. [9.20] Duties of Real Estate Brokers
VI. [9.24] Causes of Action Against Real Estate Brokers
VII. Causes of Action Brought by Real Estate Brokers
Chapter 10 — Property Tax Litigation
II. [10.2] Legal Foundation of Property Tax Assessments
III. [10.9] Assessment Appeals
IV. [10.21] Tax Rate Objections
V. [10.26] Exemptions from Taxation
Chapter 11 — Construction Litigation
I. Introduction
II. Who Is Responsible?
III. For What Damages?
IV. For How Long?
V. Where Can I Sue?
Chapter 12 — Litigation Related to Real Estate Installment Contracts
II. Real Estate Installment Contract
III. [12.13] Sellers’ Remedies Upon Default
IV. Purchasers’ Remedies
V. [12.28] Forfeiture Proceedings
VI. Appendix — Sample FormsAres G. Dalianisis a Partner with Franczek P.C., in Chicago, and focuses on education law, real estate taxation, and real estate. Dalianisis a member of the Illinois State Bar Association and Illinois Property Assessment Institute. Dalianis earned a B.A. from the University of Illinois and a J.D. from the University of Illinois College of Law.
Ryanne B. Dent is a Partner at Taft Stettinius & Hollister LLP in Chicago, where she focuses her practice on construction litigation and construction contracts. She is a member of the Society of Illinois Construction Attorneys, the American Bar Association’s Forum on Construction Law, and the Commercial Real Estate Women (CREW) Network, Chicago. She was a Judicial Extern for United States District Court Judge Ronald Guzman and Illinois Appellate Court Justice Mary K. Rochford. Ms. Dent received her BA magna cum laude from the University of Tampa and her JD summa cum laude from the University of Illinois Chicago School of Law as valedictorian.
Daniel A. Edelman is a Member of Edelman, Combs, Latturner & Goodwin, LLC, in Chicago, where 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. Edelman has argued over 100 appeals and is the author or coauthor of numerous books and publications on class actions and consumer protection law. He is a member of the Illinois State Bar Association and the Northern District of Illinois Trial Bar. Edelman received his J.D. from the University of Chicago Law School and his B.A. with honors from the University of Illinois-Chicago.
Mark C. Goldenberg is a Partner at Goldenberg Heller & Antognoli, P.C., in Edwardsville, where he focuses his practice on estate planning, real estate, corporate and business law, and tax. Goldenberg is a member of the Illinois State Bar Association, the Illinois Trial Lawyers Association, and the Bar Association of Metropolitan St. Louis. He earned his B.S. from the University of Illinois and his J.D. from the University of Illinois College of Law.
David R. Gray, Jr. is the Owner of Gray Law Offices, in Chicago, and concentrates on real estate and civil litigation. Gray is a member of the Appellate Lawyers Association, the Illinois Trial Lawyers Association, and the Chicago (former Chair of the Real Estate Taxation Committee) and Illinois State Bar Associations. Gray earned his B.A. from the College of Charleston and his J.D. from Valparaiso University Law School.
Kevin P. Green is a Shareholder at Goldenberg Heller & Antognoli, P.C., in Edwardsville, and concentrates in the representation of clients in all aspects of commercial litigation and complex class action litigation. Green was chosen as the ISBA’s Young Lawyer of the Year in 2020 and is a member of the Illinois Trial Lawyers Association and the Local Rules Committee, U.S. District Court, Southern District of Illinois and. Green earned a B.A. from Loyola University Chicago and a J.D. from the Washington University School of Law.
LaVon M. Johns is a Partner with Riley Safer Holmes & Cancila LLP, in Chicago, where she leads the Business Transactions Team. Johns is a member of the American College of Mortgage Attorneys, a Past President of the Board of Directors of IICLE®, and an adjunct law professor at Northwestern University School of Law. Johns earned her B.A. from Creighton University and her J.D. from Northwestern University School of Law.
Mitchell A. Lieberman is a Founding Partner of Noonan & Lieberman, Ltd., in Chicago, and has over three decades of experience representing clients in financial services and real estate litigation in both federal and state courts. Lieberman is a faculty member of the Illinois Business Institute and Lorman Educational Services. Lieberman is also the Chair of the Commercial Foreclosure Sub-Committee for the Chancery Court Advisory Committee and has been appointed to the Cook County Committee for the Appointment of Special Representatives. Lieberman is rated AV Preeminent for over 20 years and is a member of the Chicago, Illinois State, and American Bar Associations.
Scott R. Metcalf is a Partner with Franczek P.C., in Chicago, where he focuses his practice on education law, real estate, and real estate taxation. Metcalf is a member of the Chicago and Illinois State Bar Associations and the Civic Federal. He earned his B.A. from Augustana College, his M.A. from Loyola University Chicago, and his J.D. from Chicago-Kent College of Law.
Nicholas R. Mitchell is a Principal with Kovitz Shifrin Nesbit, in Chicago, where he concentrates his practice in community association law and litigation and serves as Chair of the Litigation Department. He earned his B.A. cum laude from Oakland University and his J.D. from Chicago-Kent College of Law.
Hal R. Morris is a Partner and General Counsel at Saul Ewing LLP, in Chicago, where he concentrates his practice in appellate, litigation, and legal ethics. Morris is on the ARDC Hearing Panel and an instructor at the University of Chicago Law School. He has also been the recipient of the Litigation Award from the Illinois Local Government Lawyers Association. 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 is a Partner with Noonan & Lieberman, Ltd., in Chicago, where he concentrates his practice in creditors’ 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 a coauthor of Remote Hearings: Let’s Not Forget the Cost of What’s Lost, 54 Loy.U.Chi.L.J. No. 1 (2023). Mr. Noonan received his B.A. from Marquette University and his J.D. from the DePaul University College of Law.
Michael D. Pisano is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he focuses on construction litigation and contracts. He is a member of the Society of Illinois Construction Attorneys, the Justinian Society of Lawyers, and the American Bar Association’s Forum on Construction Law. Mr. Pisano received his JD magna cum laude from the University of Illinois Chicago School of Law.
Jill Sidorowicz is a Partner at Noonan & Lieberman, Ltd., in Chicago, and focuses on creditor’s rights, bankruptcy, landlord/tenant rights, eviction, and manufactured housing. Sidorowicz earned a J.D. from the University of South Dakota Law Schol and a LL.M. from Chicago-Kent College of Law and is licensed in Illinois, Indiana, Iowa, and Missouri.
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 is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he concentrates his practice in construction law and litigation. He is a member of the American Bar Association’s Forum on the Construction Industry and the Society of Illinois Construction Attorneys. He is also Professional Affiliate Director of the American Institute of Architects Chicago. Mr. Singer received his BA magna cum laude from the University of Illinois, Phi Beta Kappa, and his JD from the University of Chicago Law School.
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