Section Newsletters

Articles on Foreclosure

‘Prompt’ payment no longer necessary to extinguish pre-foreclosure sale condo assessments By Blake A. Strautins & Michael R. Schumann Commercial Banking, Collections, and Bankruptcy, May 2018 A recent Illinois appellate court decision provides further guidance in determining when a judicial foreclosure sale purchaser should starting making assessment payments to extinguish a condominium association’s lien for prior unpaid assessments.
Illinois foreclosure mediation program awaits approval in Macon County By Ann Nenoff Alternative Dispute Resolution, June 2016 Several counties in Illinois have implemented mediation programs in an attempt to combat the ongoing home foreclosure crisis. Macon County hopes to be the next county to implement this program, but is awaiting approval from the Illinois Supreme Court.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Real Estate Law, November 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Trusts and Estates, November 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Commercial Banking, Collections, and Bankruptcy, October 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Who would win—Foreclosure statute vs. Probate Act By Nathan B. Hinch Construction Law, September 2015 Perhaps the Probate Act “won” this initial round, but did the foreclosure laws really “lose” in LaPlume? Not necessarily.
Foreclosure loss mitigation & mediation rules By Daniel Lindsey Bench and Bar, April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Bench and Bar, April 2013 A summary of the recent case of EMC Mortgage Corporation v. Kemp.
Supreme Court adopts new foreclosure rules By Hon. Mathias W. Delort Bench and Bar, April 2013 An explanation of the new Illinois Supreme Court Rules that address practice and procedure in foreclosure cases.
Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Civil Practice and Procedure, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
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.
Cancellation of debt & Section 108 By Gregory A. Zbylut Federal Taxation, October 2007 In recent years, with interest rates at their lowest levels and banks seemingly giving away mortgages, owning one’s own home never seemed easier.

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