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Matthew A. Quick, Esq.

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Entries Tagged as 'Real Estate'

Mechanic’s Lien Act and Proper Services (Illinois)

September 3rd, 2010 · No Comments · Real Estate

By Matthew A. Quick
The court in Mostardi-Platt Associates, Inc v Czerniejewski held: a company that provides services that do not result in any improvement to land or in any benefit to the landowner, such as an environmental consulting company, are not the type of services for which a lien can be filed and enforced under [...]

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Mechanic’s Lien Act and the Taxing of Attorney Fees (Illinois)

September 3rd, 2010 · No Comments · Business, Real Estate

By Matthew A. Quick
The court in the case of Action Plumbing Company, Inc v Bendowski held that a subcontractor’s attorney fees cannot be taxed on subsequent purchasers of homes by including attorney fees in foreclosure actions, in violation of Mechanics Lien Act. The court stated that it was taxing attorney fees as against allegedly bankrupt [...]

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Real Estate Licenses and Covenants (Illinois)

August 31st, 2010 · No Comments · Real Estate

By Matthew A. Quick
The case of Board of Managers of Hidden Lake Townhome Owners Association v Green Trails Improvement Association shows the importance of understanding the difference between a license and a covenant. A license is permission to use another’s property, but is generally revocable or has a specific termination date. A covenant [...]

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Property Tax Appeals (Illinois)

August 31st, 2010 · No Comments · Real Estate

By Matthew A. Quick
In light of the decision in Cook County Board of Review v Property Tax Appeal Board, if a violation of uniformity (an unfair assessment when considering the value of comparable properties) is proven by clear and convincing evidence to a property tax appeal board, then property is not equitably assessed for levying [...]

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The Estate, Issue Seven

August 26th, 2010 · No Comments · Estate Planning, Real Estate

By Matthew A. Quick
Real Estate Taxes
-Preface-
Welcome to the seventh issue of The Estate—the quarterly note intended to give access to easy-to-understand information and news involving real estate and estate planning.
For your convenience, and in the interest of our environment, The Estate is offered in digital form via e-mail. If you would like to receive [...]

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The Estate, Issue Five

February 4th, 2010 · No Comments · Estate Planning, Real Estate

By Matthew A. Quick
Trusts
-Preface-
Welcome to the fifth issue of The Estate—the quarterly note intended to give access to easy-to-understand information and news involving real estate and estate planning.
For your convenience, and in the interest of our environment, The Estate is offered in digital form via e-mail. If you would like to receive The Estate [...]

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Bond Holders and Condemnation (Illinois)

January 26th, 2010 · No Comments · Real Estate

By Matthew A. Quick
In City of Chicago v Prologis , Tax Increment Financing Bonds (commonly known as “TIF Bonds”), which are created to finance current municipal improvements and are repaid on the tax gain resulting from the improvements, were used to redevelop land bordering O’Hare Airport. The City of Chicago filed a condemnation action [...]

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Prevailing Wage Act (Illinois)

December 17th, 2009 · No Comments · Business, Real Estate

By Matthew A. Quick
In light of the recent holding in Town of Normal v Hafner, when individual sole proprietors construct private residences on privately owned land with financing from private banks are not obligated to pay prevailing wage to laborers working on the project, because they are not considered a public body and private multifamily [...]

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Real Estate and a Certificate of Trust Existence and Authority (Michigan)

December 9th, 2009 · 1 Comment · Estate Planning, Real Estate, Special Needs Planning

By Matthew A. Quick
As provided in MCL 565.431, et seq., a certificate of trust existence and authority (referred to as a “certificate of trust”) or the entire trust declaration may be filed at a register of deeds office. Filing either a certificate of trust or the entire trust declaration when real property is placed [...]

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Mechanic’s Liens and Notaries (Illinois)

December 8th, 2009 · No Comments · Real Estate

By Matthew A. Quick
In light of the holding in Weydert Homes, Inc v Kammes, No. 2-08-0768, a contractor’s statement under oath is not sufficient to fulfill the requirements of the Mechanic’s Lien Act if it does not contain a notary’s signature and seal. The failure to secure a notary’s signature and seal renders a [...]

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