In Skyworks, Ltd. v. Centers for Disease Control & Prevention, No. 5:20-CV-2407 (N.D. Ohio Mar. 10, 2021) and Tiger Lily LLC v. United States Dep’t of Housing & Urban Development, No. 2:20-CV-2692-MSN-ATC (W.D. Tenn. Mar. 15, 2021) district courts in Ohio and Tennessee struck down the Centers for Disease Control…
Read More »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…
Read More »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…
Read More »The Seventh Circuit in Denan v. Trans Union LLC, No. 19-1519 (7th Cir. May 11, 2020) was asked to address what “accurate reporting” means under the Fair Credit Reporting Act (“FCRA”). It answered that a credit reporting agency (“CRA”) was obliged only to follow reasonable procedures to assure maximum possible…
Read More »At issue in Municipal Trust and Savings Bank v. Moriarty, et al. 2020 IL App (3d) 190016 (May 4, 2020) was whether the defendant-mortgagor in a foreclosure action was properly served such that a foreclosure judgment was void for lack of jurisdiction. The appellate court affirmed the ruling of the…
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 »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…
Read More »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…
Read More »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…
Read More »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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