Section Newsletters

Articles on Mortgages and Mortgage Foreclosure

Apparently, “head-in-the-sand” is not a valid defense By Jeffrey A. Mollet Commercial Banking, Collections, and Bankruptcy, November 2011 The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
25 points to remember when foreclosing on UCC-type collateral By Michael L. Weissman Commercial Banking, Collections, and Bankruptcy, September 2011 A checklist for a successful foreclosure and sale of collateral.
Condominium assessments and mortgage foreclosure: A study of 765 ILCS 605/9(g) By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, September 2011 An analysis of the Condominium Property Act.
Practice tips: Watch out for anything old, dead, or unlicensed By Angela Evans Women and the Law, September 2011 A few practice tips from author Angela Evans.
Mortgage foreclosures: The need to exhibit the original note By Jeffrey G. Liss Real Estate Law, August 2011 In a foreclosure, must a mortgagee exhibit the original of the note securing the mortgage to the court? The author says yes.
1 comment (Most recent September 11, 2012)
Condominium Assessments and Mortgage Foreclosure: A Study of 765 ILCS 605/9(g) By Richard F. Bales Real Estate Law, July 2011 A discussion and analysis of the ambiguous wording of the Condominium Property Act.
1 comment (Most recent July 27, 2011)
The answer is in the minutes By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, December 2010 An explanation of the differences between a deed in lieu of foreclosure and a consent foreclosure, and why one is not always better than the other.
Mortgage foreclosures: In rem or quasi in rem? The distinction that makes a difference By Robert Handley Civil Practice and Procedure, December 2010 In this recent case the Illinois Supreme Court reversed the appellate court and affirmed the circuit court, thereby dismissing the foreclosure action filed by ABN AMRO Mortgage Group.
Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
On the non-waivability of reinstatement under IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, March 2010 Can reinstatement be waived under certain circumstances?
2009 Amendments to the Illinois Mortgage Foreclosure Law By Kim M. Casey Commercial Banking, Collections, and Bankruptcy, November 2009 In reaction to the economic downturn of 2008, a record number of bills submitted in the Illinois legislature seeking to amend the mortgage foreclosure procedure. 
Commercial real estate foreclosures in Illinois—They’re not always the same By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, November 2009 With the proliferation of real estate foreclosures in these difficult economic times, many experienced practitioners are finding themselves involved in some aspect of foreclosure litigation for the first time. 
Easing the mortgage foreclosure crisis: A proposed Part 18 to IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, November 2009 To state the obvious, the number of home foreclosures in Illinois has reached a critical stage. The purpose of this article is to suggest an approach that might ease the situation with respect to some of those foreclosures. 
More on Proposed Part 18 of IMFL By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, November 2009 This note is a follow-up to my article in the March issue of Real Property, “Easing the Mortgage Foreclosure Process: A Proposed Part 18 to IMFL.”
Defining the contours of subrogation By Samuel H. Levine Commercial Banking, Collections, and Bankruptcy, August 2009 Subrogation reduces title company premiums which benefit the parties to the transaction. It prevents an unearned windfall. However of most significance in these times, if facilitates refinancing of mortgages in order to prevent foreclosure.
Easing the mortgage foreclosure crisis: A proposed Part 18 to IMFL By Jeffrey G. Liss Real Estate Law, March 2009 This article suggests an approach that might ease Illinois' situation with respect to some foreclosures, and also offers a detailed draft statute to show how the proposed approach might be implemented.
Personal observations of 20 years with the Illinois mortgage foreclosure law By Jack H. Tibbetts Commercial Banking, Collections, and Bankruptcy, March 2009 The author's observations of what occurred in the drafting and implementation of the Illinois Mortgage Foreclosure Act.
Illinois General Assembly amends mortgage foreclosure law By Thomas P. Sandquist Commercial Banking, Collections, and Bankruptcy, January 2009 In an effort to arm homeowners with some extra advantages during the foreclosure process, the Illinois General Assembly has recently enacted changes to the Foreclosure Law designed to assist homeowners who are being foreclosed on.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendants By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2009 A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
Public Act 095-0691: A mortgage crises remedy? By Kenneth E. Davies Commercial Banking, Collections, and Bankruptcy, October 2008 With the economy in the throws of an economic downturn due in large part to the high foreclosure rates and crunch on credit, many governments are scrambling to try to get ahead of these economic issues.
Recent cases relating to upcharges of fees for mortgage loans as violative of RESPA By Michael S. Seneca Commercial Banking, Collections, and Bankruptcy, February 2004 In pertinent part, section 8 of Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §12-2607, provides:
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, November 2003 Union Planters Bank, N.A. v. FT Mortgage Companies, et al., 341 Ill.App.3d 921794 N.E. 2d 360 (5th Dist. 2003):

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