Section Newsletters

Articles From James V. Noonan

Two Foreclosure Case Summaries By James V. Noonan Real Estate Law, November 2020 Summaries of two recent cases of interest to real estate practitioners.
Illinois Court Denies Summary Judgment to Lender and Servicer on Trespass and Consumer Fraud Claims Following a Botched ‘Trash Out’ By James V. Noonan Real Estate Law, June 2020 In response to a foreclosure, the mortgagors in Federal National Mortgage Ass'n v. Obradovich counter sued 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 damage.
Private Process Server Need Not Be Appointed by Court to Serve Process in Cook County if the Suit Was Filed in a Different County By James V. Noonan Real Estate Law, June 2020 At issue in Municipal Trust and Savings Bank v. Moriarty, et al. was whether the defendant-mortgagor in a foreclosure action was properly served, such that a foreclosure judgment was void for lack of jurisdiction.
Illinois Court Holds That Acceleration Notice Sent by Certified Mail Was Insufficient By James V. Noonan Real Estate Law, January 2020 A summary of Deutsche Bank National Trust Co. v. Roongseang, in which the appellate court reversed the circuit court's entry of summary judgment and judgment of foreclosure in favor of plaintiff were reversed.
Where Borrower Does Not Reside In Property as Principal Residence, It Does Not Qualify As Residential Real Estate Under Illinois Foreclosure Law By James V. Noonan Real Estate Law, October 2019 A summary of First Bank of Highland Park v. Sklarov.
Final Order in Mortgage Foreclosure Action Bars All Claims Against the Mortgagee, Even a Claim for Fraud Upon the Court By James V. Noonan Real Estate Law, September 2019 A summary of Taylor v. Bayview Loan Servicing, LLC, in which the plaintiffs brought an action against a lender who foreclosed a mortgage on their home in a prior proceeding.
Illinois Appellate Court Rejects Mortgagor’s Attempt to Thwart Foreclosure by Claiming a Sham LLC He Set up Was Not Properly Served By James V. Noonan Real Estate Law, August 2019 In a recent appellate case, the mortgator belatedly sought to avoid the foreclosure by attacking the decree on behalf of an LLC he set up shortly before foreclosure proceedings began, contending the LLC was not served.

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