Publications

Illinois Bar Journal
Articles on Mortgages and Mortgage Foreclosure

Mortgage Foreclosure and Standing to Sue By Steven B. Bashaw January 2013 Column, Page 50 When do lenders have standing to foreclose? Cases run the gamut.
The Homeownership Mortgage Loan Program September 2012 Illinois Law Update, Page 464 The Homeownership Mortgage Loan Program ("the Program"), authorized by Sections 7.19 and 7.23 of the Illinois Housing Development Act [20 ILCS 3805/7.19 and 7.23], provides for origination, making, and purchasing of residential mortgage loans to attain the general objectives of the Illinois Housing Development Act. 47 Ill. Adm. Code 300.
The Supreme Court Mortgage Foreclosure Committee Recommendations By Steven B. Bashaw July 2012 Column, Page 380 The recommendations aim to improve the foreclosure process.
Housing Crisis Intervention: Foreclosure Mediation in Illinois By Maria Kantzavelos June 2012 Article, Page 296 Proponents say foreclosure mediation helps homeowners find relief – or at least closure – in an often forbidding legal process. Here’s what’s underway in the various counties.
Foreclosure mediation programs finding homes throughout the state By Adam W. Lasker April 2012 Lawpulse, Page 178 A McLean County program puts homeowners and lenders together with mediators to help work out agreements and uses U of I law students to represent homeowners in mediation.
Mortgagee has 90 days to accept or reject mortgagor's short sale offer. PA 097-0666 March 2012 Illinois Law Update, Page 132 The Code of Civil Procedure has been amended to require a mortgagee involved in a residential real estate foreclosure to either accept or reject a mortgagor's short sale offer within 90 days of the offer (735 ILCS 5/15-1401.1 new).
Active Duty Military: A Special Class of Distressed Homeowners By Steven B. Bashaw October 2011 Column, Page 532 Being forced to sell a home in this economy is a recipe for financial misery.
Distressed Homeowners Need Lawyers, Not Legislation By Steven B. Bashaw and Joseph R. Fortunato January 2011 Column, Page 44 Those faced with foreclosure need legal advice, not more legislation.
Foreclosure Prevention Program provides counseling, prevention funds. PA 96-1419 November 2010 Illinois Law Update, Page 564 The Illinois Housing Development Act was amended by Illinois lawmakers to create the Foreclosure Prevention Program. (20 ILCS 3805/7.30)
Foreclosure and Divorce - Borrower's Rights in the Face of Two "Wrongs" By Joseph R. Fortunato and Steven B. Bashaw October 2010 Column, Page 544 Should your divorcing, foreclosedupon client consolidate the foreclosure with the divorce?
The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures By Kevin M. Hudspeth October 2010 Article, Page 520 Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?
Service men and women granted stay of foreclosure proceedings. PA 096-0901 September 2010 Illinois Law Update, Page 452 The Code of Civil Procedure is amended to provide special provisions for those who have served their country. (735 ILCS 5/15-1501.5) 
2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
ABN AMRO: A victory for the foreclosed-upon By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.
Illinois Homeowner's Emergency Assistance Program enacted. PA 096-0921 August 2010 Illinois Law Update, Page 400 The Illinois Housing Development Authority has been granted the power to provide financial assistance to qualifying Illinois homeowners.
It's settled - mortgage foreclosure actions are quasi in rem proceedings August 2010 Illinois Law Update, Page 400 The Illinois Supreme Court in June upheld decisions of the Circuit Court of Cook County, finding that mortgage foreclosure actions are quasi in rem proceedings.
The Foreclosure Explosion: How Illinois Courts Are Responding By Joseph R. Fortunato and Steven B. Bashaw July 2010 Column, Page 380 How judges, lawyers, and litigants in Chicagoland are responding to the foreclosure crisis.
Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111 December 2009 Illinois Law Update, Page 604 Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 
Could a “Clunker” Program Solve the Real Estate Lending Problem? By James K. Weston October 2009 Column, Page 530 How about letting homeowners trade in their high-interest mortgages for fixed-term models?
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
Missing Mortgage Funds and a Notary Conflict By James K. Weston July 2009 Column, Page 372 Financial institutions seem to be hoarding bailout money, not lending it.
Correspondence from Our Readers By Anthony C. Raccuglia May 2009 Column, Page 218 Fending off foreclosure - who controls the debt?; Don't allow parties to depose their own experts.
Foreclosure defense a practice option real estate lawyers By Helen W. Gunnarsson May 2009 Lawpulse, Page 220 Representing foreclosed-on homeowners might be a way for real estate lawyers to pick up slack left by the weak economy.
Rules amended implementing the Consumer Installment Loan act May 2009 Illinois Law Update, Page 226 The Department of Financial and Professional regulation amended the rules implementing the Consumer Installation Loan Act (205 ILCS 670/22) as it relates to title-secured loans. 38 Ill Adm Code 110. 
Real Estate on Hold By James K. Weston April 2009 Column, Page 206 The real-estate market, still frozen by fear, is producing few opportunities.
Creative ways to fend off foreclosure By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Two lawyers think outside the box to help clients hang on to their homes, one by negotiating with lenders, the other by leveraging the power of Chapter 13.
The Illinois Mortgage Foreclosure Law 20 years later By Helen W. Gunnarsson February 2009 Lawpulse, Page 64 One of the drafters of the statute describes how it improved the procedure process and what loose ends remain.
New homeowner notice required in foreclosure actions. PA 095-0961 December 2008 Illinois Law Update, Page 612 On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879. 
Bidder beware By Helen W. Gunnarsson September 2008 Lawpulse, Page 438 Winning bidders at judicial foreclosure sales can ultimately lose if a subsequent buyer offers more and the lender withdraws its foreclosure motion before the judge confirms the sale, the Illinois Supreme Court ruled.
Correspondence from Our Readers July 2008 Column, Page 330 Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.
« Select a Different Subject