Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT

Earlier this month the Second DCA dismissed an appeal of a final…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

COURT CLARIFIES REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT & EXPLAINS NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY OF NOTE

The Second DCA recently issued an opinion wherein it agreed with…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

FLORIDA DCA OPINIONS DEMONSTRATE THE IMPORTANCE OF PROPER INDORSEMENTS ON NEGOTIABLE INSTRUMENTS

In the last couple years, Florida DCAs have issued a series of…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT

Earlier this month the Second DCA dismissed an appeal of a final…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

REQUIREMENTS FOR FORECLOSING A MODIFIED LOAN IN FLORIDA

In 2016 the Fourth DCA reversed a mortgagee’s final judgment…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

REDEMAND NOT NECESSARY EVEN AFTER BANK ACCEPTS PARTIAL PAYMENTS

The Fourth DCA reversed a judgment entered in favor of two mortgagors…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

FLORIDA COURTS DISAGREE ON LIABILITY FOR CONDOMINIUM ASSESSMENTS

The First DCA rendered an opinion this month wherein it certified…
Key Points Illinois Second District Finds New Default Rule Does Not Apply To Prevent Dismissal Of Foreclosure Action

US SUPREME COURT FINDS BANK NOT SUBJECT TO CIVIL CONTEMPT IF THERE IS A “FAIR GROUND OF DOUBT” AS TO WHETHER BANK’S CONDUCT WAS LAWFUL UNDER BANKRUPTCY DISCHARGE ORDER

On June 3, 2019, the United States Supreme Court (“USSC”)…