On December 22, 2020, the Illinois Supreme Court issued M.R. 30370. This Order provides a certification form entitled “Plaintiffs Certification of Compliance with the Governor’s Executive Orders on Evictions” and requires that the filing of any eviction complaint be accompanied by a completed copy of the certification form. The certification…
Read More »The district court dismissed two complaints alleging that a dunning letter was false and misleading under the FDCPA on the grounds that it failed to state a claim. The Seventh Circuit in Larkin v. Financial System of Green Bay, Inc., No. 18-3582 (7th Cir. Dec. 14, 2020) affirmed but on…
Read More »An Illinois Appellate Court in Fox Fire Tavern, LLC v. Pritzker, 2020 BL 441165 (2d) has upheld Illinois Governor Jay Pritzker’s Executive Order imposing restrictions on dining establishments as a result of the Covid-19 pandemic. At issue in the case was whether the Governor had the authority under Illinois’ Emergency…
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 »On November 13, 2020, the Governor of Illinois issued Executive Order 2020-72 which amended the eviction moratoria to now apply only to “covered persons,” mirroring the terms of the September 4, 2020 Center for Disease Control’s national moratorium on residential evictions. A “covered person” is a tenant, lessee or resident…
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 »On October 29, 2020, five federal financial regulatory agencies, the FRB, CFPB, FDIC, NCUA and the OCC (the “Agencies”), jointly issued a proposed rule outlining and confirming the Agencies’ use of supervisory guidance for regulated institutions. The proposed rule intends to codify the Agencies’ Interagency Statement Clarifying the Role of…
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 »Noonan & Lieberman is proud to announce the addition of Robert J. Emanuel as a partner. Bob represents financial institutions such as national banks, mortgage lenders and loan servicers, in class and individual actions that arise under federal consumer lending statutes such as the Real Estate Settlement Procedures Act, the…
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…
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