First Mortgage Co. v. Dina, 2014 IL App (2d) 130567, holding that the issuance of a home mortgage by an entity that is not registered under the Residential Mortgage License Act (205 ILCS 635) voids the mortgage (see generally Sharp Thinking No. 116 (June 2014)), has been overturned.Read More
Some 27 years ago we raised the question whether U.S. judgment creditors could reach (a) information concerning and (b) assets of their non-U.S. judgment debtors by serving garnishment summonses and interrogatories upon local branches of international banks. See John T. Hundley, Long Arms and Foreign Pockets: Can Multinational Financial Organizations Be Used to Subject Alien Defendants to the Enforcement of Illinois Judgments?, Chicago Bar Ass’n Record 24 (Sept. 1990).Read More
The Appellate Court in Chicago last month issued an opinion that sets the stage for widespread
condoning of supplementary proceeding respondents’ ignoring of supplementary proceedings papers.
Believing that “frivolous motions or appeals are more likely to be found in the mortgageforeclosure context” than in other areas of the law, a panel in the Appellate Court’s Third District has
issued a call that “it is incumbent upon the courts, both trial and appellate, to impose sanctions for . . .
frivolous conduct designed to help defendants remain in their home, with little regard for the law.”
No circumstances ever justify an attorney filing a bankruptcy petition, including its related schedules and statement of financial affairs, “without first obtaining a debtor’s actual signature on the documents,” a bankruptcy judge from the Central District of Illinois recently heldRead More