Entries by Christopher Iaria

ILLINOIS COURT STRICTLY CONSTRUES | Key Points

A circuit court judge in Kane County, Illinois dismissed Freedom Mortgage Corporation’s (Freedom) foreclosure based on Freedom’s failure to comply with federal HUD regulations codified at 24 C.F.R. § 203.604(b)-(d). Freedom Mortgage Corp. v. Olivera, et al., 2021 Il. App. (2d) 190462, Case No. 2-19-0462 (Ill.App.2 Dist. August 5, 2021). In pertinent part, § 203.604 […]

ILLINOIS COURT STRICTLY CONSTRUES HUD FACE-TO-FACE REQUIREMENT & AFFIRMS DISMISSAL OF FORECLOSURE

The Second District Appellate Court of Illinois affirmed the lower court’s dismissal of Freedom Mortgage Corporation’s (Freedom) foreclosure based on Freedom’s failure to comply with federal HUD regulations codified at 24 C.F.R. § 203.604(b)-(d). Freedom Mortgage Corp. v. Olivera, et al., 2021 Il. App. (2d) 190462, Case No. 2-19-0462 (Ill.App.2 Dist. August 5, 2021). Section […]

ILLINOIS APPELLATE COURT | Key Points

In 2013 the Chicago City Council enacted the Keep Chicago Renting Ordinance (KCRO or Ordinance) to “preserve, protect, maintain and improve rental property and prevent occupied buildings from becoming vacant after foreclosures.” Pursuant to that Ordinance, Rivera, a tenant of a foreclosed property purchased by Bank of New York Mellon (the Bank), filed a lawsuit […]

ILLINOIS APPELLATE COURT FINDS “KEEP CHICAGO RENTING ORDINANCE” VIOLATED STATE LAW BY REGULATING RENTS

In 2013, the Chicago City Council enacted the Keep Chicago Renting Ordinance (KCRO or Ordinance) to “preserve, protect, maintain and improve rental property and prevent occupied buildings from becoming vacant after foreclosures.”i. The Ordinance required the “owner of a foreclosed property to offer qualified tenants either a $10,600 relocation fee or extend the tenant’s lease […]

ILLINOIS SUPREME COURT | Key Points

The Illinois Supreme Court accepted jurisdiction and consolidated two appeals to consider the constitutionality of section 15-1504-1 of the Illinois Code of Civil Procedure (“Code”) and sections 7.30 and 7.31 of the Illinois Housing Development Act (“Act”). Walker v. Chasteen, 2021 IL 126086 (IL June 17, 2021). The Code created a $50 add-on filing fee […]

ILLINOIS SUPREME COURT FINDS FIFTY DOLLAR “ADD-ON” FORECLOSURE FILING FEE UNCONSTITUTIONAL

The Illinois Supreme Court accepted jurisdiction and consolidated two appeals to consider the constitutionality of section 15-1504-1 of the Illinois Code of Civil Procedure (“Code”) and sections 7.30 and 7.31 of the Illinois Housing Development Act (“Act”).i Walker v. Chasteen, 2021 IL 126086 (IL June 17, 2021). The Code created a $50 add-on filing fee […]

U.S. SUPREME COURT FINDS CREDITOR’S | Key Points

The United States Supreme Court reversed the holdings of several bankruptcy courts and federal appellate courts in its recent holding in City of Chicago, Illinois v. Fulton, 19-357, 2021 WL 125106 (U.S. Jan. 14, 2021). The Court reviewed several bankruptcy cases which involved the City of Chicago (“City”) impounding the debtor’s vehicle “for failure to […]

U.S. SUPREME COURT FINDS CREDITOR’S RETENTION OF BANKRUPTCY ESTATE PROPERTY DID NOT VIOLATE BANKRUPTCY STAY

The United States Supreme Court reversed the holdings of several bankruptcy courts and federal appellate courts in its recent holding in City of Chicago, Illinois v. Fulton, 19-357, 2021 WL 125106 (U.S. Jan. 14, 2021). In Fulton, the Supreme Court accepted jurisdiction to review a consolidated appeal from the 7th Circuit Court of Appeals and […]

ILLINOIS COURT DISMISSES | Key Points

The Northern District of Illinois recently dismissed an action filed by mortgagor Jason Roberts (“Roberts”) against his servicer (“Carrington”) for alleged violations of state law and the Fair Debt Collections Practices Act (“FDCPA”). Roberts v. Carrington Mortgage Services, LLC, 19-CV-2355, 2020 WL 6565247 (N.D. Ill. Nov. 9, 2020). Roberts alleged that Carrington was prohibited from […]

ILLINOIS COURT DISMISSES MORTGAGOR’S COMPLAINT FINDING HUD REGULATIONS DID NOT APPLY & SERVICER DID NOT VIOLATE FDCPA

The Northern District of Illinois recently dismissed an action filed by mortgagor Jason Roberts (“Roberts”) against his servicer for alleged violations of the Fair Debt Collections Practices Act (“FDCPA”)i “and state law.” Roberts v. Carrington Mortgage Services, LLC, 19-CV-2355, 2020 WL 6565247, *1 (N.D. Ill. Nov. 9, 2020). Carrington Mortgage Services, LLC (“Carrington”) took over […]