Real Estate Roundup SharpThinking No. 180   Perspectives on Developments in the Law from Sharp-Hundley, P.C.    April 2020 Court Issues Primer On Lis Pendens              By John T. Hundley, 618-242-0200, john@sharp-hundley.com The Appellate Court’s Third District has issued a valuable primer on the theory and use of the doctrine of…

Read More

Litigation Law Roundup SharpThinking No. 179   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   April 2020 Two E-Mails Sufficient To Invoke Specific Jurisdiction Two emails sent into Illinois from outside the state were sufficient contacts to force the sender to defend a defamation lawsuit in Illinois, a panel of the Appellate Court’s Third District…

Read More

Corporate Law Roundup SharpThinking No. 181     Perspectives on Developments in the Law from Sharp-Hundley, P.C.    April 2020 Separate Series Status Must Be Asserted Promptly By John T. Hundley, 618-242-0200, john@sharp-hundley.com A series limited liability company (“LLC”) may not rely on a conclusory assertion of its separate existence and may be estopped from asserting…

Read More

Real Estate Roundup SharpThinking No. 178  Perspectives on Developments in the Law from Sharp-Hundley, P.C.   March 2020 Realty “Flippers” May Be Liable Under Consumer Fraud Act While an individual who sells his or her own residence to another individual generally is not subject to Illinois Consumer Fraud & Deceptive Business Practices Act, 815 ILCS 505,…

Read More

SharpThinking No. 177  Perspectives on Developments in the Law from Sharp-Hundley, P.C.   February 2020 Court Limits Liberal Citation Remedies By John T. Hundley, john@sharp-hundley.com An Appellate Court panel in Chicago has limited sharply the use of citations to discover assets to apply remedies provided by the garnishment statute. Contrasting the garnishment statute (735 ILCS…

Read More

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…

Read More

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…

Read More

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…

Read More