Litigation

Noonan & Lieberman represents lenders, servicers and real estate investors in Illinois and throughout the Midwest in litigation matters. Our attorneys have a wealth of experience in the myriad types of legal issues facing our clients. We keep ourselves on the cutting edge of the latest legal developments. Our understanding of the many discrete facets of our practice areas greatly improves both the quality and efficiency of our services. We pride ourselves in our ability to formulate winning litigation strategies quickly, and in our ability to implement those strategies effectively.

Mortgage Litigation and Foreclosure

Noonan & Lieberman represents many national and local lenders, investors and servicers in residential and commercial foreclosures and commercial collections. This area of the law demands a specialized understanding, as well as experience with the types of complicated legal issues that these cases typically pose. Our attorneys possess this understanding and experience. We leverage our attorneys’ experience in regulatory compliance and real estate to take on challenging foreclosure assignments involving commercial and industrial property, multi-family investment assets, condominium projects, residential real estate, farmland, strip malls, and vacant properties.

While we strive to obtain judgment and possession for clients as swiftly as possible, we also look for ways to facilitate expeditious and economical solutions. We specialize in effectively pursuing clients’ rights and remedies in both litigation and out-of-court workouts. We counsel financial institutions and other creditors on how to protect their collateral and realize the maximum return on administrative and unsecured claims. The firm has a long and successful record of tackling complicated matters that frequently arise in foreclosures such as tenant and lease disputes, executing on assignments of rent, enforcing UCC liens on business property and equipment, and prosecuting claims on personal guaranties.

In addition to filing and prosecuting foreclosures, we monitor clients’ lien positions, protect the rights of junior and subordinate lien holders, and arrange and bid for clients at sale. We assist clients with their loss mitigation and workout efforts, including documenting and recording deeds in lieu of foreclosure and preparing and monitoring loan forbearance and modification agreements. We guide our clients through the increasingly difficult and complex post-closing eviction process having, as a result of our regulatory compliance and real estate experience, a particularly strong understanding of the myriad rules, statutes and ordinances in this area. We also represent sellers in residential forfeiture proceeding on installment contracts and contracts for deed. While sensitive to the public policy concerns attached to the use of these instruments, our attorneys are knowledgeable in the available recovery options and work quickly to obtain possession of the property without needlessly exposing clients to media or regulatory scrutiny.

We are results-driven, creative, and advise clients in all aspects of bankruptcy and non-bankruptcy liquidation, financial restructuring, and reorganization. The firm can steer clients through the shifting terrain of modern bankruptcy, insolvency, and recovery law. We advise and defend creditors in bankruptcy preference, fraudulent transfer, and other defensive litigation claims. We assist clients in identifying, retaining, appointing and overseeing receivers or arranging the appointment of clients as mortgagees in possession in complex foreclosures. And we are present at the closing table for clients’ REO sales.

Creditor Liability Defense

In addition to providing legal representation on residential and commercial foreclosure and collection matters, Noonan & Lieberman is also an experienced litigation and trial firm. Our practice encompasses trial and appellate representation before federal and state courts involving all variants of remedial actions, including class actions, injunction and declaratory judgment suits, title claims and priority disputes, and arbitrations and mediations. We defend suits and counterclaims brought under various federal and state laws affecting the consumer financial services industry. We counsel clients and defend suits arising under federal consumer protection laws, including: Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Fair Debt Collections Practices Act (FDCPA), Fair Housing Act (FHA), Home Mortgage Disclosure Act (HMDA), Real Estate Settlement Procedures Act (RESPA), Servicemembers Civil Relief Act (SCRA), Telephone Consumer Protection Act (TCPA), Truth-in-Lending Act (TILA), and Unfair, Deceptive, or Abusive Acts or Practices (UDAAP). We also defend against claims arising under state consumer and commercial lending, licensing, debt collection and usury laws.

With our specialized understanding of federal and state mortgage related regulations and compliance, we are able to effectively and efficiently defend clients against claims involving predatory lending, mortgage fraud, foreclosure counterclaims, loss mitigation claims related to Home Affordable Modification Program (HAMP) participation, wrongful foreclosure and eviction, and unfair and deceptive acts and practices statutes.

Contract and Real Estate Related Litigation

Noonan & Lieberman provides aggressive and practical representation for businesses, entrepreneurs and business professionals in a variety of business-related scenarios. Our business litigation practice comprises all types of contract disputes, including disputes over commercial and management services agreements, supplier agreements, buy-sell agreements, licensing agreements, and business operating agreements. While many business disputes arise from disagreements over the terms of a contract, many revolve around business practices, such as billing disputes, business fraud, business defamation, business torts (such as unfair competition), theft, partnership and shareholder disputes, professional malpractice, and breaches of fiduciary duty. We try to resolve these matters through negotiation or alternative forms of dispute resolution, such as arbitration or mediation, whenever possible. But if litigation is the only option, we are fully prepared to advance the client’s interests through the courts.

We not only represent creditors in foreclosure and in lender liability suits, but we also represent lenders and investors in mortgage industry related litigation such as claims for breach of representations and warranties in loan purchase agreements, repurchase demands, appraisal malpractice, and title and casualty insurance litigation. Our experience in real estate and municipal law gives us an advantage in defending clients in the growing area of administrative and judicial building code enforcement actions. The firm has successfully represented clients in litigation with homeowners and condominium associations (HOA) over the foreclosure and priority of HOA liens. We have helped clients recover property lost in foreclosure, by obtaining prescriptive easements, setting aside tax deeds, and maximizing the client’s investment through eminent domain proceedings. We represent buyers and sellers in suits on real estate purchase agreements and on grantee warranties in sales deeds.

Appellate Practice

With over 25 years of experience, our firm has defended and prosecuted scores of appeals before the Illinois Supreme and Appellate courts, the Sixth, Seventh, and Eleventh Circuit Court of Appeals. Those ranged from defending foreclosure decrees, and other mortgage related litigation, overturning tax deeds, prosecuting and defending title and casualty insurance claims, defending lender and creditor clients in defense of federal and consumer protection claims, like the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Equal Credit Opportunity Act (ECOA) and state Unfair and Deceptive Practices Acts (UDAP). Our close understanding of the myriad appellate rules and procedures, along with our insight into judicial perspectives, gives us an edge in appellate advocacy and argument. We also have an active amicus curiae appellate practice and have served as amicus curiae counsel on cases with financial industry-wide importance.