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The Importance of Spotting (and Curing) Title Defects Before they Rear their Ugly Head

While Illinois foreclosure courts continue to grapple with traditional foreclosure defenses like standing and the admissibility of affidavits and business records, 2016 has seen the rise of a new trend: title defenses. As the Illinois appellate and supreme courts continue to whittle down defenses available to mortgagors, industrious defense counsel have turned their attention to title, ownership, and homestead issues. Litigation of title issues has dominated recent Illinois appellate opinions, highlighting the importance of potential foreclosure pitfalls that are often overlooked until it is too late.

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What Servicers need to know about the Statute of Limitations

The expiration of the statute of limitations (“SOL”) on a Servicer’s right to foreclose has long been an issue in New York and Florida. But, it is becoming an increasingly common defense and attack raised by property owners in the Pacific Northwest and Southwest as well.

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Steps Lenders Can Take To Reduce Litigation Risk

Lenders take a variety of measures to protect the value of their collateral when borrowers default on residential loan payments. Recently, plaintiffs have filed a series of class actions lawsuits across the country targeting these practices. The cases bear close watching.

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Five Ways You Can Shorten the California Eviction Process

By Ted Kimball, Esq. Ted Kimball is the founding partner of Kimball, Tirey & St. John LLP. Kimball is a past president of South Coast Apartment Association, the San Diego County Apartment Association, the California Apartment Association, the Building Owner’s and ...

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