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…
Read More »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…
Read More »The Seventh Circuit in Bastani v. Wells Fargo Bank, N.A., No. 20-1373 (June 8, 2020) was presented with an question on appeal from a Chapter 13 bankruptcy case where the debtor did not pay the appellate fee, but sought leave to proceed on appeal in forma pauperis. It denied the…
Read More »In In re: Terrell, No. 19-07629 (April 8, 2020), the Bankruptcy Court for the Northern District of Illinois found that a condominium association violated the discharge injunction by pursuing post-discharge eviction proceedings based on pre-petition assessments. It ordered the association to pay the debtor’s attorney’s fees and costs as a…
Read More »In response to a foreclosure, the mortgagors in Federal Nat’l Mortgage Ass’n v. Obradovich, No. 14-CV-04664 (N.D. Ill. May 28, 2020) countersued their lender, the mortgage loan servicer and the contractor their lender retained to manage the winterization of the property claiming a sub-contractor botched the job and caused extensive…
Read More »On May 13, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued two FAQs providing guidance to depository and non-depository financial institutions (“institution”) on the ability to take expedited action to assist customers who experience hardship due to the COVID-19 emergency. The guidance is provided in connection with deposit accounts (checking,…
Read More »The tenants in Mayle v. Urban Realty Works, LLC, 2020 IL App (1st) 191018 (March 26, 2020) appealed from a judgment dismissing their complaint against multiple defendants for alleged violations of Chicago’s Residential Landlord and Tenant Ordinance (“RLTO”) and for conversion of their personal property during an eviction. The Illinois…
Read More »On March 22, 2020, the FDIC, FRB, OCC, NCUA, CFPB and the state banking regulators (“Regulators”) issued an Interagency Statement on Loan Modifications and Reporting by Financial Institutions Working with Customers Affected by the Coronavirus (the “Statement”). The Statement encourages financial institutions to work constructively with borrowers impacted by the…
Read More »The Illinois Supreme Court in Joiner v. SVM Mgmt., LLC, 2020 IL 124671 (Feb. 21, 2020) affirmed that a plaintiff’s class action claims are moot where the requested damages and fees are tendered to the name plaintiff before a motion for class certification is filed. In effect, it allows a…
Read More »The insured in Evergreen Real Estate Servs., LLC v. Hanover Ins. Co., 2019 IL App (1st) 181867 (Jan. 4, 2020) sought a declaration that its insurer had a duty to defend it in a class action brought by the insured’s tenants alleging that the insured committed several violations of the…
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