Section Newsletters

Articles From Stephen J. Butler

Banks facing greater liability under expansions of both 9(g)(3) and 9(g)(4) of the Condominium Property Act By Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, October 2014 A discussion of both the recent amendatory veto to Senate Bill 2664, and the holding in 1010 Lake Shore Association v. Deutsche Bank National Trust Company.
When is a surety not a surety: Clearing up the confusion of self-issued replevin bonds By Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, July 2013 This article will first give a brief overview of actions in replevin without notice, and will then argue that a plaintiff may validly issue its own replevin bond.
In rem is incomplete: Re-thinking a common foreclosure practice By Michael G. Cortina, Amber L. Michlig, & Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, February 2013 This article argues that an in rem deficiency only applies in certain circumstances and concludes that if an in personam deficiency is sought in the complaint and not granted, the court leaves open the ability of the plaintiff to later sue the debtor again in order to obtain a personal judgment for the amount of the deficiency.
Taking deficiency judgments in foreclosure By Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, July 2011 A discussion of the legal standard for entry of a deficiency judgment and a look at the common roadblocks used by courts in denying them.

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