Mortgagees beware: Rents and profits rule
By R. Stephen Scott
Commercial Banking, Collections, and Bankruptcy,
February 2016
With defaults continuing on commercial property mortgage notes in many sectors of the United States, it is worth reminding mortgagees and loan servicers that the “Rents and Profits Rule” (the “Rule”) continues in effect in Illinois.
Aiding Illinois consumers victimized in mortgage rescue scams
By Jennifer D. Franklin
Commercial Banking, Collections, and Bankruptcy,
August 2013
This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
Aiding Illinois consumers victimized in mortgage rescue scams
By Jennifer D. Franklin
May 2013
This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
Editor’s Column: Perspectives on the mortgage default mess
By John T. Phipps
General Practice, Solo, and Small Firm,
December 2008
These are two pearls of Southern Illinois wisdom that come to mind as I listen to the news about the financial crisis we are in with regard to mortgage defaults and mortgage foreclosures.
Overview of Reverse Mortgages
By Elizabeth W. Anderson
Elder Law,
February 2008
More clients have recently become interested in the options that a reverse mortgage may offer them.
When is a sale-leaseback an equitable mortgage?
By Gregory A. Thorpe & John C. Murray
Real Estate Law,
March 2005
When two sets of sophisticated real estate investors represented by experienced counsel say something is a duck-and it quacks and swims with its webbed feet-is it a duck?
Mortgage defense 102: Pleading fraud
By Harold I. Levine
Real Estate Law,
June 2003
Part I of this article1 dealt briefly with the concept of preemption. It stated: "The most favored defense of lenders is preemption.
Mortgage defense 101
By Harold I. Levine
Commercial Banking, Collections, and Bankruptcy,
May 2003
Lenders frequently assign or transfer their loans. Sometimes they are securitized. Sometimes the servicer seeks to foreclose.
Predatory lending—a perspective for the mortgage attorney
By Celeste M. Hammond
Corporate Law Departments,
July 2001
Predatory lending practices are getting a tremendous amount of attention: in the press, in the title industry; in the mortgage banker industry; in the consumer industry; in Congress, state and local governments.
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