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Default, Acceleration Terms Are Critical Condition Precedents

Mortgage Law Roundup Sharp  Thinking No. 176   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   January 2020 Default, Acceleration Terms Are Critical Condition Precedents By John T. Hundley, 618-242-0200, john@sharp-hundley.com Creditors and their collection counsel are being advised to read promissory notes and mortgages closely before filing suits thereon as a result of…

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Chapter 13 Plan Confirmation Creates Judicial Estoppel

Happy Holidays! Sharp  Thinking No. 175    Perspectives on Developments in the Law from Sharp-Hundley, P.C.   December 2019 Chapter 13 Plan Confirmation Creates Judicial Estoppel Confirmation of a Chapter 13 plan is a sufficient benefit to estop the bankruptcy debtor from prevailing on an inconsistent position taken in state-court litigation the existence of which was…

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Refi Mortgage Can Take Priority Of Prior Mortgage

Banking Law Roundup SharpThinking No. 173    Perspectives On Developments In The Law From Sharp-Hundley, P.C.      October 2019 Refi Mortgage Can Take Priority Of Prior Mortgage                                         By John T. Hundley, John@sharp-hundley.com, 618-242-0200 A mortgage…

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Laymen May Not Open Decedent’s Estate Without Lawyer

Litigation Law Roundup Sharp Thinking No. 171    Perspectives on Developments in the Law from Sharp-Hundley, P.C.    August 2019 Layman May Not Open Decedent’s Estate Without Lawyer A layman may not represent the legal interests of a decedent’s estate, the majority of a panel in the Appellate Court in Chicago has held. Ruling in…

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