After more than a dozen rulings over the last four years where the Seventh Circuit has tossed FDCPA suits for the debtors’ failures to establish Article III standing, the Seventh Circuit recently found that a debtor had standing to sue for violations of the FDCPA due to the time and…
Read More »A recent decision from the Illinois First District Appellate Court highlights the dangers posed by the technological advances in mobile banking. In West & Lake Check Cashers, LLC v. Propane Pete, LLC, 2023 IL App (2d) 220291 (May 16, 2023) the maker of a check was liable to a currency…
Read More »In an unpublished order, an Illinois Appellate Court held that a lender’s efforts to avoid foreclosure proceedings in Illinois by acquiring ownership of the owner’s limited liability company through court proceedings in Utah, was not res judicata in the borrower’s suit in Illinois state court challenging the legality of the…
Read More »In Hovde v. ISLA Dev. LLC, 51 F.4th 771 (7th Cir. Oct. 24, 2022) a property developer borrowed money from private lenders in 2004 to develop a condominium project. To secure the loan, the developer signed a note and the developer’s principal gave his personal guarantee. The project ultimately failed.…
Read More »A court awarded plaintiff awarded attorney’s fees and costs in an FDCPA action because the defendant attempted to remove the case to federal court where it was clear there was no Article III standing to confer federal jurisdiction. The consumer plaintiff in Currier v. Lawgix Laws., LLC, No. 21-CV-419-PP (E.D.…
Read More »On June 21, 2021, the Supreme Court of Hawaii in U.S. Bank Tr., N.A. as Tr. for LSF9 Master Participation Tr. v. Verhagen, No. SCWC-17-0000746 (Haw. June 21, 2021) settled several questions related to the introduction of evidence and business records critical to the mortgage foreclosure process, most of which…
Read More »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…
Read More »The mortgagor, in U.S. Bank, Nat’l Ass’n as Tr. for Truman 2016 SC Title Tr. v. Reinish, 2020 IL App (2d) 190175 (April 21, 2020), asserted as a defense to a judgment of foreclosure that the mortgagee did not provide her with a notice of acceleration prior to foreclosing. The…
Read More »An Illinois appellate court condemned the practice of “sharp bidding” in First Merit Bank, N.A., v. McEnery, 2020 IL App (3d) 180287 (April 14, 2020). Where the terms of the sale of assets to satisfy a judgment require each side to submit their highest and best offers in writing by…
Read More »The borrowers in U.S. Bank Nat’l Assn. v. Miller, 2020 IL App (1st) 191029 (March 20, 2020) appealed from a judgment dismissing their counterclaim in a foreclosure proceeding to rescind their mortgage under the Truth in Lending Act (“TILA”). In a case of first impression, an Illinois appellate affirmed holding…
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