In an unpublished order, an Illinois Appellate Court held that a lender’s efforts to avoid foreclosure proceedings in Illinois by acquiring ownership of the owner’s limited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 Leszanczuk v. Carrington Mortgage Services, LLC, 21 F.4th 933 (7th Cir. Dec. 28, 2021), the borrower challenged the legality of a $20.00 property inspection fee that her loan servicer charged following her default. She claimed that because her property was occupied the fee could not be charged. The district…
Read More »The Second District Illinois Appellate Court in Freedom Mortg. Corp. v. Olivera, 2021 IL App (2d) 190462 (Aug. 5, 2021) affirmed the rule that failing to comply with the HUD regulations requiring a face-to-face meeting prior to foreclosure is a complete defense to the action. The Court went further, however,…
Read More »On April 30, 2021, in Rivera v. Bank of New York Mellon et. al., 2021 IL App (1st) 192188, the Illinois Appellate Court held that the City of Chicago Ordinance commonly known as the “Keep Chicago Renting Ordinance” (“KCRO”) § 5-14-010 et. seq. was preempted by the Illinois Rent Control…
Read More »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…
Read More »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,…
Read More »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…
Read More »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…
Read More »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…
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…
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