Lawsuit Filed Challenging Illinois Governor’s Moratorium on Evictions

On June 23, 2020, Noonan & Lieberman, Ltd., and Jeffrey Grant Brown, P.C., filed a complaint in the Circuit Court of Will County, Illinois, on behalf of three property owners challenging the Governor of the State of Illinois’ moratorium on evictions. While we agree with the Governor’s wish to protect…

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Seventh Circuit rules that debtors in Chapter 13 bankruptcy cases cannot proceed on appeal…

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…

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Illinois Bankruptcy Court sanctions condominium association for violating discharge injunction in pursuing post-discharge eviction…

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…

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ILLINOIS COURT DENIES SUMMARY JUDGMENT TO LENDER AND SERVICER ON TRESPASS AND CONSUMER FRAUD…

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…

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OCC Issues A Final Rule To Counteract The Madden Decision

On June 2, 2020, the Office of the Comptroller of the Currency (“OCC”) issued a final rule (“Rule”) to quell the uncertainty created by the Second Circuit decision in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015) for national banks and federal savings associations (“banks”) engaged in…

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Seventh Circuit holds that reporting accurate loan information under FCRA does not include verifying…

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…

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CFPB Provides Guidance on Taking Expedited Action to Assist Customers Impacted by the COVID-19…

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,…

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Private process server need does need to be appointed by court to serve process…

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…

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Illinois Court holds that complaint inferred acceleration notice was provided and for a monetary…

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…

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UPDATE: Court Notices and Closures re: Coronavirus (COVID-19)

Last Updated: April 29, 2020   To Our Friends and Business Partners: Per the Governor’s April 1, 2020 Order, the execution of all eviction orders is suspended through April 30, 2020. Gov. J.B. Pritzker announced on April 23, 2020 that he will extend Illinois’ stay-home order for another 30 days…

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