It’s not often that a modern-day court relies on case law from 1896, but a recent case did exactly that, examining long-standing friction between Illinois probate and foreclosure law.
Read More »U.S. Supreme Court Weighs in on Ticking FDCPA Timer
Although Fair Debt Collection Practices Act language appears to be rather clear-cut, in law, shadows can often be created out of seemingly transparent passages.
Read More »The Obduskey Effect: Foreclosures, FDCPA, and the Supreme Court
The Fair Debt Collection Practices Act’s definition of “debt collectors” has led to both extensive litigation and contradictory Circuit Court decisions. Codilis & Associates member Lauren Riddick dives into the impact of the case, and discusses how the results may clear up some of these contradictions.
Read More »RESPA Damages Denied for Delinquent Mortgagor
An analysis of what constitutes “actual damages” for borrowers under RESPA gives insights into how borrowers making false claims under this Act are likely to face an uphill task. Editor's Note: This feature originally appeared in the January issue of DS News, out now.
Read More »Publication Service in Foreclosure
Here’s an insight into the importance of publication services, which ensure that a defendant in a foreclosure case is made aware of the litigation filed.
Read More »Supreme Court States “If Sought” is Seeking
What constitutes a “same” cause of action, especially when multiple contracts are at play? A recent Illinois Supreme Court ruling in First Midwest Bank v. Cobo examined this term and what it actually meant in foreclosures.
Read More »Courts Address Condo Laws, But Questions Remain
A pair of recent court rulings sought to address lingering questions in the arena of Illinois condo foreclosure law, but seemingly contradictory sets of guidance have left stakeholders in need of further clarification.
Read More »Defining Debt Collectors
Editor's note: This story was originally featured in the January issue of DS News, out now. The United States Supreme Court, in Henson v. Santander Consumer USA Inc., settled a circuit court split and solidified what may turn out to be a ...
Read More »Condominium Law in Flux
A recent ruling not only puts a new wrinkle on condominium association lien extinguishment, but also clashes with a previous opinion...
Read More »Green Light, Red Light
Municipalities may be experiencing whiplash from a recent U.S. Supreme Court ruling which both permits and prevents certain suits based on the Federal Housing Act. In Bank of America Corp., et. al. v. City of Miami, the City of Miami argued that two banks, Bank of America and Wells Fargo, violated the Federal Housing Act by intentionally issuing riskier mortgages on less favorable terms to African Americans and Latino customers than they issued to similarly situated white, non-Latino customers.
Read More »