Posts by Admin
Crime-Fraud Rule May Apply Despite Lawyer Innocence
A trial court need not conduct an in camera review of the subject communications in order to hold that they are subject to the crime-fraud exception to the attorney-client privilege, the Illinois Supreme Court has reiterated.
Read MoreParty Charged With Reading Actual Recorded Document
A party must read the actual notice of lis pendens and may not rely upon an erroneous summary
thereof provided by a recorder of deeds, a panel in the Appellate Court’s First District has held.
§ 2-1301(e) Applies Until Confirmation Motion Is Filed
A mortgagor who is properly served, who receives notices of the default, the judgment of foreclosure and the sale, who participates in the proceedings, but who waits 10 months after the default judgment before seeking to vacate same and to raise pleading defects, may not have the judgment and sale vacated even under the liberal rules of 735 ILCS 5/2-1301(e), the Illlinois Supreme Court held recently.
Read MoreCollective Liability Complaint Strikes Out
A complaint which alleges wrongs against multiple defendants collectively, without details about who did what, fails the requirement of plausibility which Supreme Court cases have imported into Federal Rules of Civil Procedure 12(b)(6), the U.S. Court of Appeals for the Seventh Circuit has held.
Read MoreCitation Respondent May Rely on Face of Un-Freeze Order
A respondent that has frozen an account in response to a citation to discover assets is entitled to unfreeze that account upon receipt of an order “the most reasonable reading of which” unfreezes the account, the U.S. Court of Appeals for the Seventh Circuit has held.
Read MoreOrganization’s Financial Difficulty Doesn’t Insulate Officers
Just because an organizational employer is in financial trouble does not absolve its managers of potential personal liability under the Illinois Wage Payment and Collection Act, 820 ILCS 115 (“IWPCA”), if they “have discretion to pay plaintiff but cho[o]se to allocate resources elsewhere,” according to a recent decision of the Appellate Court’s Second District.
Read MoreDivorce Retainers May Be Diverted To Opponent
The Illinois Supreme Court has affirmed that in a dissolution-of-marriage action, a trial court may order that advance payment retainer funds held by one party’s attorney be turned over to opposing counsel as interim attorney fees.
Read MoreBankruptcy Intake Form Held Not Privileged
Look for increased attempts to discover those intake forms used by bankruptcy practitioners – and also fee information for all lawyers – as a result of a recent decision by the Seventh Circuit U.S. Court of Appeals.
Read MoreBankruptcy Discharge May Justify HAMP Re-review, Sale Suspension
A mortgagee’s violation of 735 ILCS 5/15-1508(d-5) and of the Housing Affordable Mortgage Program
(“HAMP”) rules may require denial of confirmation of a foreclosure sale held in violation of those rules, a
panel in the Appellate Court’s Second District has held.
Warranty Deed in Mortgage Rescue Scam May Have Been An Equitable Mortgage, Court Says
A “mortgage rescue” victim’s argument that an apparent warranty deed should be construed as an equitable mortgage should have gone forward to a full trial, a panel of the Appellate Court’s First District has held.
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