Will County Attorney William "Bill" Blanchard Wins Reversal Before The Illinois Property Tax Appeal Board; County Board of Review Decides Not to Appeal

Home owner appealed real estate tax assessment for his home with help of attorney; successful appeal resulted in 13% tax bill reduction for 2015 alone

St. Charles real estate attorney William “Bill” Blanchard successfully appealed a determination by the Will County Board of Review (“BOR”) regarding the real estate tax assessment for a Homer Township homeowner (“Appellant”).  On May 15, 2018 the Illinois Property Tax Appeal Board (“PTAB”) unanimously adopted the request by the Appellant for a reduction of his 2015 tax assessment. The BOR decided not to appeal the decision which now becomes final.

The Homer Township Assessor originally determined the fair market value of value of the 3,455 square foot, 2-story home in Hidden Valley Estates as $436,207, while the homeowner, represented by Mr. Blanchard at the BOR hearing, requested an assessment based upon a value of $380,800.  The BOA issued a “No Change” opinion which Mr. Blanchard appealed to PTAB. 

PTAB’s decision in favor of the homeowner to reduce the fair market value by $55,407 resulted in a 13% tax bill reduction for the homeowner on his 2015 real estate tax bill.  The over payment will be refunded by the Will County Treasurer. Mr. Blanchard said, “the homeowner was extremely happy with the outcome especially when told that the decision would entitle him to similar refunds for tax years 2016 and 2017 as well.”  Blanchard continued, “I’ve now received reductions for 24 Will County homeowners who appealed decisions by the Will County Board of Review.”

William Blanchard represents residential, commercial and industrial property owners who feel they are entitled to assessment reductions in Will, Kane and DuPage Counties in Illinois.

Further information about the Illinois Property Tax System is available at http://tax.illinois.gov/publications/localgovernment/ptax1004.pdf. Specifically about Will County, Illinois, additional real property tax information is at http://www.willcountysoa.com/search_address.aspx.

**** Mr. William B. Blanchard (“Bill Blanchard”) is a Real Estate Attorney with offices in St. Charles and Oakbrook Terrace, Illinois. Bill specializes in representing real estate clients for purchases and sales as well as home owner real estate tax assessment appeals. Mr. Blanchard is General Counsel for Gaia Title, Inc. a title insurance agency and settlement services provider. The Company is owned by real estate attorneys who demand exemplary title insurance services and accurate and efficient settlement services. As General Counsel he is responsible for title examination, commitment and policy review, escrow settlement supervision and regulatory review. - Attorney Profile: https://solomonlawguild.com/william-b-blanchard%2C-esq - Attorney News: https://attorneygazette.com/william-blanchard%2C-esq#40b43d7b-94b2-48d3-b055-1979a636f1e7

Real Estate Lawyer William B Blanchard comments on Illinois Appellate Decision finding Title Insurance Company not responsible for damages even though it took 18 months to clear liens

Though it took 18 months to clear liens, Title Insurance Company not liable; this will affect real estate transactions where lien is discovered after closing.

Real Estate Attorney William B. Blanchard, general counsel for Gaia Title, Inc., spoke about a recent case where the Illinois Appellate Court held that the standard ALTA Owner’s Policy gives a title insurance company wide latitude in how to remove liens from the title, and protects it from liability for damages. This court opinion may affect any real estate purchaser who seeks to have liens or other encumbrances removed from a title insurance policy after closing.

The case of Wade v. Stewart Title Guaranty Company arose from a breach of contract regarding a title insurance policy for a multi-unit residential building in Chicago, Illinois. Plaintiff Josephine Wade, the purchaser of the property, filed suit against Stewart Title Guaranty Company (“Stewart Title”), alleging that it had failed to timely remove defects on the property’s title. As a consequence of the delays, according to Ms. Wade, the building was demolished because she could not comply with the City of Chicago’s building code. The trial court ruled in favor of Stewart Title, finding that the title company did not breach any duties under the policy. The Illinois Appellate Court affirmed, noting that the Plaintiff did not meet the burden of proof needed to establish that the 18 months Stewart Title took to clear the defects was not “reasonably diligent.”

Apparently, the title insurance company pursued lengthy litigation during which time the building’s value quickly deteriorated. The litigation was designed to settle the liens for less money, rather than immediately paying the liens in full. Section 9. of the title insurance policy, “Limitation of Liability,” provided: “If the (Title) Company establishes the title, or removes the alleged defect, lien or encumbrance *** in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused hereby.”

Section 4 of the policy gave the title insurance company the right to determine how to defend or settle the claims. On ambiguity of provisions in insurance contract, the Court stated, “…an insurance contract will be liberally construed in favor of the insured. First Chicago Insurance Co. v. Molda, 2015 IL App (1st) 140548, ¶ 33.”  Then, ironically, the Court held that Plaintiff had the burden of proof to show the defense was not “reasonably diligent.” Note that the trial court heard evidence that the defense provided by Stewart Title was for its own benefit, and to the detriment of their policy holder. 

Mr. Blanchard stated, “this decision is important for anybody in a real estate transaction where a lien or other encumbrance is first discovered after closing. Basically, the standard title insurance policy provides that you must let the insurer do the job in any manner it chooses.  The appellate court concluded that if the policy owner suffers damages while the title company engages in its defense, a policy holder cannot prevail in a claim damages absent clear and convincing evidence that the defense did not act in a “reasonably diligent” manner.”

“This is an important case also for what the Court didn’t consider in reaching its opinion,” adds Mr. Blanchard.  “The Appellate Court affirmed because the reasonableness and diligence of the title insurance company’s defense was a matter for the trial court to determine based upon the evidence presented.  Before this case, a plaintiff was required to present evidence that it suffered damages during the time it took the title company to remove title defects, and it was then up to the title company to present evidence that its efforts were reasonably diligent.”

 

“Title insurance companies defending similar actions in the future will cite this case as precedent for a broad interpretation of both Section 4’s grant of discretion and Section 9’s protection from liability.  The ruling is contrary to Illinois precedent establishing that unclear terms in insurance policies should be interpreted in favor of Plaintiffs, and shifts the burden of proof on the question of “reasonable diligence” from Defendants to Plaintiffs,” opines Mr. Blanchard.

The case is Wade v. Stewart Title Guaranty 2017 ILAP (1^st) 161765. The full opinion is on the court website http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/1stDistrict/1161765.pdf

 

**** Mr. William B. Blanchard (“Bill Blanchard”) is a Real Estate Attorney with offices in St. Charles and Oakbrook Terrace, Illinois. Bill specializes in representing real estate clients for purchases and sales as well as home owner real estate tax assessment appeals. Mr. Blanchard is General Counsel for Gaia Title, Inc. a title insurance agency and settlement services provider. The Company is owned by real estate attorneys who demand exemplary title insurance services and accurate and efficient settlement services. As General Counsel he is responsible for title examination, commitment and policy review, escrow settlement supervision and regulatory review. - Attorney Profile: https://solomonlawguild.com/william-b-blanchard%2C-esq - Attorney News: https://attorneygazette.com/william-blanchard%2C-esq#40b43d7b-94b2-48d3-b055-1979a636f1e7

Game changing “Real Estate Commissions and Title Insurance Services for a Flat Fee” are beginning in Illinois

Game changing “Real Estate Commissions and Title Insurance Services for a Flat Fee” are beginning in Illinois

St Charles, IL (June 2018) William B. Blanchard real estate attorney and general counsel for Gaia Title, Inc. spoke about a game-changing development of great significance to Realtors® and title agents in Illinois.

Home Bay, a California real estate technology company is expanding its operation to seven additional states including Illinois.  Home Bay has been successful in the California real estate market by offering discounted flat fee brokerage commissions in the range of $2,500 to $3,000.   

Home Bay announced this week that its getting into the title insurance and settlement services business by acquiring OnTitle, a full-service title insurance and settlement company. Mr. Blanchard stated, “this is a game changer for Illinois residents, real estate agents and title agencies because Home Bay’s fees are significantly below prevailing rates in our market. OnTitle is registered to provide title and closing services in 31 states including Illinois.”  Home Bay’s spokesman says, “the flat fee platform will allow the company to become a one-stop-technology-shop for brokerage, title and escrow.” He went on to add, “the recent addition to our portfolio permits us to streamline the sales and settlement process.”

The question becomes, will Home Bay with the recent acquisition of OnTitle bring real savings to consumers, and Mr. Blanchard believes it will.  “There is no doubt that consumers working with Home Bay in its current markets have realized lower commissions and settlement fees.” added Mr. Blanchard.

William B. Blanchard is General Counsel for Gaia Title, Inc.  and a real estate attorney representing clients in the Western suburbs of Chicago in all types of real estate transactions including real estate closings, short sales, and real estate tax appeals. As General Counsel, Mr. Blanchard provides title insurance examinations, commitment and policy reviews, supervises closing activities and regulatory compliance issues.

Mr. Blanchard received his Juris Doctor Degree from DePaul University College of Law in 1972, and was admitted to the practice of law in Illinois in 1973.

**** Mr. William B. Blanchard (“Bill Blanchard”) is a Real Estate Attorney with offices in St. Charles and Oakbrook Terrace, Illinois. Bill specializes in representing real estate clients for purchases and sales as well as home owner real estate tax assessment appeals. Mr. Blanchard is General Counsel for Gaia Title, Inc. a title insurance agency and settlement services provider. The Company is owned by real estate attorneys who demand exemplary title insurance services and accurate and efficient settlement services. As General Counsel he is responsible for title examination, commitment and policy review, escrow settlement supervision and regulatory review. - Attorney Profile: https://solomonlawguild.com/william-b-blanchard%2C-esq - Attorney News: https://attorneygazette.com/william-blanchard%2C-esq#40b43d7b-94b2-48d3-b055-1979a636f1e7