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.
Read More »Industry Experts Polled on Housing Market
What factors do industry leaders polled at the Five Star Conference and Expo feel would best boost homeownership?
Read More »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.
Read More »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.
Read More »Survivors Bill of Rights: California’s Expansion of Foreclosure Prevention Rights to Non-Borrowers
In September 2016, California’s Governor, Jerry Brown, signed into law SB 1150, which was enacted to provide protections to surviving spouses and other heirs from alleged abuses by mortgage servicers after the death of a borrower.
Read More »Challenging Detroit’s Recent Barrage of Unpaid Property Tax Collection Lawsuits
By Brian C. Gurta Brian C. Gurta began his career at Potestivo & Associates, P.C. October 6, 2014. Gurta is located at the firm’s Rochester office as an Associate Attorney, primarily serving the Landlord and Litigation Departments. Gurta has gained a lot ...
Read More »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; ...
Read More »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 ...
Read More »The Missouri Supreme Court Has Granted Wells Fargo’s Request for Review of a $3 Million Wrongful Foreclosure Judgment Entered Against It
In April 2016 we published an update about a recent Missouri Court of Appeals opinion for a case styled Holm v. Wells Fargo and Freddie Mac, Missouri Court of Appeals, Western District No. 78666. However, a recent development suggests that the case is not over.
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Tips to help readers “work a conference”.
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