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,…

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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…

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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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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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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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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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