Uncategorized
7th Circuit Extends New Standing Rules, But Open Dissent Develops
Sharp Thinking No. 209 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2022 7th Circuit Extends New Standing Rules, But Open Dissent Develops By John T. Hundley, Sharp Thinking Editor In past issues of this newsletter, we’ve covered the new standing rules handed down by the Seventh U.S. Circuit Court of Appeals…
Read MoreGratuitous Transfers Don’t Violate Citation Statute
Litigation Law Roundup Sharp Thinking No. 194 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2021 Gratuitous Transfers Don’t Violate Citation Statute Gratuitous transfers for the benefit of the judgment debtor by citation respondents during the pendency of a citation to discover assets do not violate the restraining provisions of the…
Read MoreRefi Mortgage Can Take Priority Of Prior Mortgage
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 MoreCourt May Not Hold Creditor In Contempt If There Is “Fair Ground of Doubt” As To Legality Of His Acts
Bankruptcy Law Roundup Sharp Thinking No. 172 Perspectives on Developments in the Law from Sharp-Hundley, P.C. September 2019 Court May Not Hold Creditor In Contempt If There Is “Fair Ground Of Doubt” As To Legality Of His Acts A court may not hold a creditor in civil contempt for violating a bankruptcy discharge order…
Read MoreLaymen May Not Open Decedent’s Estate Without Lawyer
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…
Read MoreViolation of Mortgage License Act Voids Mortgage
A mortgage made by an entity that lacked authorization to conduct such business under the Residential Mortgage License Act (205 ILCS 635) is void as against public policy, a panel in the Appellate Court’s Second District has held.
Read MoreNot All Check Signers Are Fiduciaries, Court Says
Not everyone authorized to sign a check is a fiduciary for purposes of the Uniform Fiduciaries Act (760 ILCS 65), the Seventh Circuit U.S. Court of Appeals ruled last month.
Read MoreGuaranty 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.