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Maurice Wutscher LLP | USA | 6 Nov 2023
Illinois App. Court (1st Dist) Upholds Dismissal of Putative Class Action for Lack of Standing
The Appellate Court of Illinois, First District, recently affirmed the dismissal of a putative class action for lack of standing because the named…
Maurice Wutscher LLP | USA | 16 Oct 2023
Illinois App. Court (5th Dist) Rejects Borrower’s Challenge to Foreclosure Based on Error in Prior Foreclosure
The Appellate Court of Illinois, Fifth District, recently held that, because the defendant borrowers failed to file their petition for relief from a…
Maurice Wutscher LLP | USA | 7 Sep 2023
Illinois App. Court (1st Dist) Rejects Tenant’s Challenge to Foreclosure Eviction Due to Absence of ‘Bona Fide Lease’
The Appellate Court of Illinois, First District, recently affirmed a trial court’s order denying a tenant’s emergency petition to vacate an eviction…
Maurice Wutscher LLP | USA | 5 Jul 2023
Illinois App. Court (1st Dist) Rejects Borrower’s Arguments That Breach of Forbearance Agreement Was Not ‘Material’
The Appellate Court of Illinois, First District, recently rejected a borrower’s arguments that his breach of a forbearance agreement was immaterial…
Maurice Wutscher LLP | USA | 18 May 2023
Illinois App. Court (1st Dist) Holds Trial Court Improperly Denied Borrower’s Estate Opportunity to Show Lack of Capacity
The Appellate Court of Illinois, First District, recently reversed a trial court’s order striking an affirmative defense to a foreclosure, vacated…
Maurice Wutscher LLP | USA | 12 May 2023
Illinois App. Court (1st Dist) Holds ‘Small Servicer’ Exempt from RESPA Loss Mitigation Rules
The Appellate Court of Illinois, First District, recently held that a borrower failed to identify any meritorious defense sufficient to stop or undo…
Maurice Wutscher LLP | USA | 14 Apr 2023
Illinois App. Court (2nd Dist) Rejects Borrowers’ Claims of Trespass by Mortgagee During Foreclosure
The Appellate Court of Illinois, Second District, recently affirmed a trial court’s dismissal of two borrowers’ counterclaims alleging that the…
Maurice Wutscher LLP | USA | 3 Apr 2023
Illinois App. Court (1st Dist) Rejects Mortgagors’ Claims of Forgery and IMFL Violations
The Appellate Court of Illinois, First District, recently affirmed a trial court’s summary judgment ruling in favor of a mortgagee, holding that the…
Wilson Elser | USA | 9 Feb 2023
Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Causes of Action Alleging Violations under All Sections of BIPA
On February 2, 2023, the Illinois Supreme Court ruled in the widely watched Tims v. Black Horse Carriers, Inc. case and unanimously held a five-year…
Riker Danzig LLP | USA | 19 Jan 2023
Illinois Holds Title Insurance Claims Exempt From Complete Defense Rule
In Findlay v Chicago Title Ins. Co., 2022 IL App (1st) 210889 (2022), the Appellate Court of Illinois, First Division ("the Court"), endorsed and…
