Appellate Court holds that Rent Control Preemption Act completely preempts Keep Chicago Renting Ordinance

On April 30, 2021, the First District Appellate Court struck down Chicago’s Protecting Tenants in Foreclosed Rental Properties Ordinance, better known as the Keep Chicago Renting Ordinance (“KCRO”) finding it is completely preempted by Illinois’ Rent Control Preemption Act (“RCPA”). The decision is Rivera v. Bank of New York, et…

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Eleventh Circuit says “All Writs Act” not a basis to challenge foreclosure

The Eleventh Circuit affirmed a Florida district court’s rejection of a bankruptcy debtor’s attempt to use the “All Writs Act” to challenge the lender’s foreclosure on her property finding it was not the kind of case for which the All Writs Act was designed. In Rohe v. Wells Fargo Bank,…

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Illinois Supreme Court amends rule to require notice of sale by email

On November 19, 2020, the Illinois Supreme Court amended its Rule 113 to require that notices of foreclosure sale under Section 15-1507(c) of the Illinois Mortgage Foreclosure Law must be served electronically upon all defendants who have appeared in the foreclosure case in accordance with its Rule 11. The amendment…

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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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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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Illinois Appellate Court holds that one year statute of limitations applies to TILA rescission…

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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Seventh Circuit splits from Fifth and Eight Circuits rejecting “benign-language exception” to FDCPA’s prohibition…

In Preston v. Midland Credit Management, Inc., No. 18-3119 (Jan. 21, 2020), the Seventh Circuit reversed a district court’s order of dismissal, holding that the language “TIME SENSITIVE DOCUMENT” on the envelope of a dunning letter violated § 1692f(8) of the FDCPA. In doing so, it refused to recognize the benign‐language…

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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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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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