In an “ignoble attempt to discredit the foreclosure judgment” the mortgagor in U.S. Bank, Nat’l Ass’n as Tr. for Credit Suisse First Bos. CSFB 2005-11 v. Laskowski, 2019 IL App (1st) 181627 (July 16, 2019), belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC…
Read More »Florida’s Fourth District Court of Appeal reversed a trial court’s denial of reciprocal attorney’s fees to borrowers who were sued for foreclosure after the bank voluntarily dismissed the action. The bank in Venezia v. JP Morgan Mortg. Acquisition Corp., No. 4D18-1278 (Fla. Dist. Ct. App. May 22, 2019) filed a…
Read More »An Illinois Appellate Court recently held that Neither the attorney-client privilege nor the rules of professional conduct shield the identity of a lawyer’s third-party client. Thus, in a citation proceeding the lawyer must disclose the identity of the person who retained the lawyer to represent the debtors. In Margules v.…
Read More »A Florida Appellate Court in Bullock v. Bayview Loan Servicing, LLC, No. 1D18-3130 (Fla. Dist. Ct. App. June 28, 2019) upheld a foreclosure judgment in a second foreclosure which alleged a later default date than the prior action which the servicer lost. The court affirmed the holding that the second…
Read More »In HSBC Bank USA, N.A. as Tr. for Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 v. Leone, No. 2D17-2851 (Fla. Dist. Ct. App. May 3, 2019) a Florida Appellate Court reversed a trail court ruling that because the lenders first foreclosure was voluntarily dismissed it had to…
Read More »In Hunt v. JPMorgan Chase Bank, Nat’l Ass’n, No. 18-11306 (11th Cir. Apr. 25, 2019) a consumer filed a class action suit alleging that his lender violated the Fair Credit Reporting Act by reporting him late even after the lender had commenced foreclosure proceedings. He also contended that after he…
Read More »The Illinois Supreme Court recently allowed an appeal from an order finding that the tender to the plaintiffs of the requested relief before a motion for class certification is made served to moot the plaintiffs’ claims. In Joiner v. SVM Mgmt., LLC, 2019 IL App (1st) 172336-U (Feb. 14, 2019)…
Read More »The Seventh Circuit observed in Paz v. Portfolio Recovery Assocs., LLC, No. 17-3259 (7th Cir. May 15, 2019) that “[s]ometimes settling a case is the only course that makes sense”. It affirmed a district’s reduction of a debtor’s fee petition on an FDCPA verdict from $187,410 to $10,875 concluding the…
Read More »On April 17, 2019, the IRS issued proposed regulations providing additional guidance about investments in qualified opportunity zones. Comments to the proposed regulation are due within 60 days after the date the proposed rules are published in the federal register. These regulations relate to the Tax Cuts and Jobs Act…
Read More »In Wilmington Savings Fund Society, FSB v. Zarkhin, 2019 IL App (2d) 180439 (March 26, 2019) the Plaintiff filed a foreclosure on property owned by mortgagors, alleging in part that its mortgage, although recorded later, had priority over the defendants’ mortgage because it was intended and used to pay off…
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