Mortgage Law Roundup Sharp  Thinking No. 188 _Perspectives on Developments in the Law from Sharp-Hundley, P.C. _ September 2020 Attacks On Void Judgment Rule Continue Apace By John T. Hundley, john@sharp-hundley.com Attacks on the principle that a void judgment may be attacked at any time continue apace in the Appellate Court’s Second District. In April,…

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Bankruptcy Law Roundup   Sharp Thinking No. 187    Perspectives on Developments in the Law from Sharp-Hundley, P.C.     September 2020  Intent To Surrender In Bankruptcy Yields All Rights:  Court The proposition that void judgments may be attacked at any time presumes that the judgment is being attacked by one with a valid interest in…

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Banking Law Roundup Sharp  Thinking No. 186  Perspectives On Developments In The Law From Sharp-Hundley, P.C.  August 2020 One-Year Statute Controls TILA Rescission Suit A debtor’s right to file suit to rescind a mortgage under § 1635 of the federal Truth-In-Lending Act (“TILA”) (15 U.S.C. § 1635) should be subject to a one-year statute of…

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Litigation Law Roundup Sharp   Thinking No. 185   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   July 2020 Court Limits Specific Jurisdiction Doctrine An Illinois court may not exercise specific personal jurisdiction over out-of-state defendants on behalf of out-of-state plaintiffs where the claims at issue do not “arise out of,” or “relate to,” the defendants’…

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SharpThinking No. 183    Perspectives on Developments in the Law from Sharp-Hundley, P.C.     June 2020 Appellate Court Tells Privilege Waiver Rules By John T. Hundley, 618-242-0200, john@sharp-hundley.com             Selby v. O’Dea, 2020 IL App (1st) 181951, discussed on other points in Sharp Thinking No. 182 (May 2020), looks to…

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It’s a common practice in transactions involving big corporations and large sums of consideration.
To alleviate concerns about whether a party has authority to conduct the transaction, sophisticated
parties often ask for an opinion of counsel that the opposing entity has such authority and that all
required prerequisites have been met.

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Seemingly settled practice regarding the interplay of bankruptcy and foreclosure law was turned on its head late last month when the U.S. Court of Appeals for the Seventh Circuit held that a state court in a foreclosure case has jurisdiction and authority to enter a deficiency judgment against a debtor with a pending bankruptcy.

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The wage deduction provisions of the Illinois Code of Civil Procedure leave a circuit court with no discretion to deny a request for a wage deduction order on grounds of extreme hardship, a panel of the Appellate Court in Chicago held recently.

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Just as decades of apparently settled law governing post-judgment collection methods were turned on their heads by a decision of the Appellate Court in Chicago last fall (see Sharp Thinking No. 160 (Oct. 2018)), decades of apparently settled law governing eviction jurisdiction were upended by that same court just as fall turned to winter last month.

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