Illinois Eviction and Foreclosure Updates

On November 13, 2020, the Governor of Illinois issued Executive Order 2020-72 which amended the eviction moratoria to now apply only to “covered persons,” mirroring the terms of the September 4, 2020 Center for Disease Control’s national moratorium on residential evictions. A “covered person” is a tenant, lessee or resident…

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GEORGIA DISTRICT COURT UPHOLDS CDC EVICTION MORATORIUM

In Brown v. Azar, No. 1:20-CV-03702-JPB (N.D. Ga. Oct. 29, 2020), several landlords brought suit against the Secretary of the U.S. Department of Public Health and Human Services (“HHS”) challenging the Center for Disease Control and Prevention’s (“CDC”) September 4, 2020 moratorium on residential evictions (“Order”). They sought a preliminary…

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Federal Financial Regulatory Agencies Issued Proposed Rule on the Role of Supervisory Guidance

On October 29, 2020, five federal financial regulatory agencies, the FRB, CFPB, FDIC, NCUA and the OCC (the “Agencies”), jointly issued a proposed rule outlining and confirming the Agencies’ use of supervisory guidance for regulated institutions. The proposed rule intends to codify the Agencies’ Interagency Statement Clarifying the Role of…

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Illinois court says dunning letter on time-barred debt violates FDCPA if it does not…

At issue in Perea v. Portfolio Recovery Assocs., LLC, No. 18-CV-06504 (N.D. Ill. Sept. 28, 2020) was whether a debt collector violated the FDCPA by attempting to collect time barred debt. Although the debt collector provided a disclaimer in the dunning letter that it would not restart the statute of…

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Noonan & Lieberman welcomes Robert J. Emanuel as a Partner

Noonan & Lieberman is proud to announce the addition of Robert J. Emanuel as a partner. Bob represents financial institutions such as national banks, mortgage lenders and loan servicers, in class and individual actions that arise under federal consumer lending statutes such as the Real Estate Settlement Procedures Act, the…

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Illinois Appellate Court holds description of property as “single family residence” sufficient notification to…

In U.S. Bank Nat’l Ass’n as Tr. for C-Bass Mortg. Loan Asset-Backed Certificates, Series 2006-CB2 v. Sharif, 2020 IL App (1st) 191013 (Sept. 17, 2020), the mortgagor appealed the order confirming a foreclosure sale contending that the notice of the sale was insufficient. The mortgagor complained that public notice of…

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Illinois Appellate Court holds that “single refiling rule” is not a complete bar to…

The trial court in Wilmington Savings Fund v. Barrera, 2020 IL App (2d) 190883 (September 21, 2020) dismissed a foreclosure suit as being barred by the single refiling rule.  The appellate court reversed, holding that the borrower’s subsequent failure to make property tax and insurance payments were new defaults and…

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THE CENTERS FOR DISEASE CONTROL BANS RESIDENTIAL EVICTIONS THROUGH THE END OF YEAR: WHAT…

On August 8, 2020, President Trump signed an executive order directing the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention (CDC) to “consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary…

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Wisconsin Court finds no implied duty of good faith and fair dealing in the…

The borrowers in The Bank of New York Mellon v. Brozek, No. 2019AP1736 (July 16, 2020), counterclaimed that the foreclosing bank breached the implied duty of good faith and fair dealing in connection with its servicer’s handling of the borrowers’ multiple loan modification applications. The borrowers also sued the servicer…

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Firm will present at American Legal & Financial Network’s ANSWERS Webinar

On Friday, July 31, 2020, Founding Partner Jim Noonan will be virtually presenting at this year’s American Legal & Financial Network (ALFN) ANSWERS webinar entitled “Hindsight is 2020 – A year in Review. Top Issues of the Past Year.” Conferences as we have known them may be on hold, but…

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