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Several Illinois Foreclosure Provisions Sunset . . . But Will They Rise Again?

Certain borrower-friendly amendments to the Illinois Mortgage Foreclosure Law (“IMFL”)—added at the beginning of the recent foreclosure crisis—were scheduled to sunset (i.e., automatically repeal) in 2016 or early 2017. For instance, Illinois’ statutory requirement for the mailing of a Grace Period Notice (“GPN”) before initiating a foreclosure suit was first enacted in April 2009. See 735 ILCS 5/15-1502.5. For those familiar with Illinois foreclosure law, the GPN is similar to a notice of default—lenders and servicers must and do send them before initiating foreclosure proceedings, but borrowers rarely, if ever, “receive” such notices based on the popularity of foreclosure defenses based on the GPN.

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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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Revisions to Ohio’s Foreclosure Procedures Have Arrived

By Larry R. Rothenberg In an abrupt move to beat the summer recess, the Ohio legislature passed H.B. 390, which becomes effective September 28, 2016. Among the new provisions are a procedure to expedite foreclosures on vacant and abandoned residences; ...

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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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