Illinois Appellate Court affirms sales from Fannie Mae and Freddie Mac not exempt from…

In Trilisky v. City of Chicago, 2019 IL App (1st) 182189 (Sept. 26, 2019), a purchaser who bought real estate from Fannie Mae, and was assessed a transfer tax on the transaction, sued the City of Chicago on behalf of a class claiming that sales to and from Fannie Mae…

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Seventh Circuit applies agency principles to find a creditor can be held in civil…

In In re: Jacqueline M. Sterling, No. 18-2773 (7th Cir. August 13, 2019) the Seventh Circuit held that a creditor could be held in civil contempt, on an agency theory, for violations of the discharge injunction by its attorney; but the attorney could not be held in contempt for violating…

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Borrower did not reside in property as principal residence so it did not qualify…

In First Bank of Highland Park v. Sklarov, 2019 IL App (2d) 190210 (Sept. 18, 2019), following the borrower’s default, the bank moved to be appointed a mortgagee in possession. The borrower opposed the motion asserting the property was residential real estate and he was therefore presumptively entitled to maintain…

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Seventh Circuit finds contingent future interests are not exempt from a bankruptcy estate under…

In In re: Scott N. Jaffe, No. 18-2726 (7th Cir. August 5, 2019) the Seventh Circuit reversed the district court, finding that because a debtor’s contingent future interest in property was not exempt under Illinois law as it was not exempt from the debtor’s bankruptcy estate. In Jaffe, the creditor…

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Illinois Court rules that merger doctrine satisfies judgment

In Access Realty Grp., Inc. v. Kane, 2019 IL App (1st) 180173 (Sept. 13, 2019) an Illinois Appellate Court upheld the dismissal of a citation proceeding by the creditor’s assignee on the grounds that the merger doctrine satisfied the underlying judgment. Because the plaintiff was no longer a judgment creditor,…

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Because the debt was not his, plaintiff could not prove it was a consumer…

The Seventh Circuit in Burton v. Kohn Law Firm, S.C., 934 F.3d 572 (7th Cir. August 9, 2019) held that because the defendant in a debt collection suit denied any knowledge or association with the debt, he could not provide sufficient evidence that the debt in was a consumer debt…

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Seventh Circuit finds “no harm, no foul”, and hence no federal jurisdiction, on borrower’s…

In Casillas v. Madison Avenue Associates, Inc., No. 17-3162 (7th Cir. June 4, 2019) the Seventh Circuit affirmed a judgment for a debt collection agency on a FDCPA claim on the basis that while the borrower caught the debt collector in a mistake, it caused no harm to the borrower.…

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No inaccuracies; no FCRA claim, according to the Ninth Circuit

In Florence v. Experian Info. Sols., Inc., No. 18-15413 (9th Cir. Aug. 13, 2019) in an unpublished opinion the Ninth Circuit affirmed a judgment for credit reporting agency on a FCRA claim on the basis that the consumer could not identify an inaccuracy credit reporting. Consumers contended that the credit…

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Final order in mortgage foreclosure action bars all claims against the mortgagee, even a…

In Taylor v. Bayview Loan Servicing, LLC, 2019 IL App (1st) 172652 (July 25, 2019), the Plaintiffs brought an action against the lender who foreclosed a mortgage on their home in a prior proceeding. Plaintiff’s contended the foreclosure was wrongful and the lender had committed fraud upon the court. For…

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Illinois court rejects mortgagor’s attempt to thwart foreclosure by claiming a sham LLC he…

In an “ignoble attempt to discredit the foreclosure judgment” the mortgagor in U.S. Bank, Nat’l Ass’n as Tr. for Credit Suisse First Bos. CSFB 2005-11 v. Laskowski, 2019 IL App (1st) 181627 (July 16, 2019), belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC…

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