Real Estate Not Subject To Conversion Claim – IL 2nd Dist.

The Illinois Second District recently reversed a trial court’s imposition of a constructive trust and assessment of punitive damages in a conversion case involving the transfer of real property. In In re Estate of Yanni, 2015 IL App (2d) 150108, the Public Guardian filed suit on behalf of a disabled property owner (the “Ward”) for conversion and …

No Fiduciary Duty Owed Lender By Closing Agent in Botched Real Estate Deal

In Edelman v. Belco Title & Escrow, LLC (http://law.justia.com/cases/federal/appellate-courts/ca7/13-2363/13-2363-2014-04-25.html) the plaintiffs sued an escrow agent after investing $3M in a failed real estate deal. The plaintiffs invested the monies directly with the developers of a mixed-use project.  The plaintiff never met with nor spoke to the defendant escrow agent and there was no document that formalized …