Civil Litigation
Guaranty Triggered by Resistance to Foreclosure Is Enforceable, Court Says
By John T. Hundley, Jhundley@lotsharp.com, 618-242-0246
A provision making obligors personally liable if they resist foreclosure on an otherwise non-recourse obligation is enforceable, a panel of the Illinois Appellate Court in Chicago has held.
Foreclosure Judgment Not Final And Appealable, High Court Says
A mortgage foreclosure judgment generally is a “final order” but not a “final and appealable” order, the Illinois Supreme Court said late last month.
Read MorePrice Alone No Basis To Void Judicial Sale, Court Holds
Inadequacy of the sales price, standing alone, is not a sufficient reason to deny confirmation of a judicial sale, a panel in the Appellate Court in Chicago held late last month.
Read MoreThree-Year Statute Governs Conversion of Check
Conversion and negligence claims against a bank, arising from a lawyer’s forgery of a client’s
signature to a settlement check, are governed by the three-year statute of limitation of 810 ILCS 5/3-118(g), a panel in the Appellate Court’s Fifth District has held.
Judicial Estoppel Doctrine Continues To Evolve
The doctrine of judicial estoppel, which has become one of the most potent weapons against bankruptcy fraud (see Sharp Thinking No. 57 (February 2012), continues to evolve in the nation’s federal courts.
Read MoreNo “Subject Matter Waiver” of Privilege From Disclosure in Business Transaction
The doctrine of “subject matter” waiver of privilege does not apply to the extra-judicial disclosure of attorney-client communications not thereafter used by the client to gain an adversarial advantage inlitigation, the Illinois Supreme Court held late last month.
Read MoreFDCPA Prohibits Wide Range of Misconduct
Harassment, Abuse, Misleading Representations, “Unfair Practices” All Prohibited
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