Publications

Illinois Bar Journal
Articles on Mortgages and Mortgage Foreclosure

RESPA and Avoiding Mortgage Fraud: What Goes on the HUD Settlement Statement? By Philip J. Vacco May 2008 Article, Page 248 Improper handling of buyer incentives on the HUD Settlement Statement can make you an unwitting participant in mortgage fraud.
Cashing in on home sweet home By Helen W. Gunnarsson April 2008 Lawpulse, Page 174 Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.
For New Lawyers April 2008 Column, Page 215 Is a co-signer entitled to a foreclosure notice?
Helping Clients Who Face Foreclosure By Helen W. Gunnarsson February 2008 Article, Page 76 Notice of foreclosure creates a personal crisis for your home-borrower clients. Here's how to counsel them.
Tax sales: the court helps taxpayers who help themselves By Helen W. Gunnarsson February 2008 Lawpulse, Page 66  Here's how not to win compensation after losing your house for failure to pay taxes.
No reimbursement to marital estate for contributions to mortgage on marital residence January 2008 Illinois Law Update, Page 16 On October 29, 2007, the Illinois Appellate Court, Second District, affirmed an award of child support, vacated those portions of a judgment ordering reimbursement to the marital estate, and remanded the judgment for further proceedings in the Circuit Court of McHenry County.
Predatory Lending Laws: The Next, Not Last, Step By James K. Weston January 2008 Column, Page 50 New laws expand the prohibitions on predatory lending.
Proceedings against foreclosure tenants amended. PA 095-0262 January 2008 Illinois Law Update, Page 16 The Code of Civil Procedure has been amended to allow foreclosure tenants who are current on their rent to retain possession of their property for a designated period. 735 ILCS 5/15-1701. 
Drafter beware By Helen W. Gunnarsson December 2007 Lawpulse, Page 622 When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.
Predatory Lending: The Continuing Saga By James K. Weston October 2007 Column, Page 554 A new bill would redefine yet again the Illinois' anti-predatory-lending law.
Governor Puts Predatory Lending Legislation on Hold By James Weston April 2007 Column, Page 214 An executive order shuts down a controversial program to combat predatory lending.
Predatory lending database pilot program given a start date March 2007 Illinois Law Update, Page 124 Effective December 21, 2006, the Department of Financial and Professional Regulation has added a new section to 38 Ill Adm Code 346. 
Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049 March 2007 Illinois Law Update, Page 124 Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 
The Mortgage Rescue Fraud Act By James K. Weston January 2007 Column, Page 52 This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.
Surpluses from foreclosure sales do not go to the purchaser January 2007 Illinois Law Update, Page 14 On November 13, 2006, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of McHenry County, holding the circuit court abused its discretion by distributing a portion of the surplus funds from a sheriff's auction to the winner of that auction.
Confidentiality rules created for predatory lending database November 2006 Illinois Law Update, Page 584 The Residential Real Property Disclosure Act (Act) required that the Department of Financial and Professional Regulation (Department) establish a database for its Predatory Lending Database Pilot Program (Database Program). 
The Predatory Lending Database Has Arrived By James K. Weston October 2006 Column, Page 560 Illinois' anti-mortgage-fraud program debuted September 1. Will it fulfill its intended purpose?
The Latest on Predatory Lending Legislation By James K. Weston July 2006 Column, Page 380 Concerns persist about this anti-redlining program.
Predatory Lending, Notary Fraud By James K. Weston April 2006 Column, Page 204 Illinois' predatory lending law gets off to a slow start, and notary fraud arrives on legislators' radar screens.
Predatory Lending Database Pilot Program By James K. Weston January 2006 Column, Page 44 A well-intentional law armed at predatory lending puts title companies and lawyers at risk, the author argues
Anti-predatory-lending statute takes effect January 1 By Helen W. Gunnarsson December 2005 Lawpulse, Page 614 An amendment to the Real Property Disclosure Act will create a new predatory lending database. But some worry that it could unintentionally penalize good-guy lenders in targeted neighborhoods.
Mortgage Escrow Account Act expands "mortgage lenders" and notice requirements - PA 094-0050 September 2005 Illinois Law Update, Page 446 On June 17, 2005, the Mortgage Escrow Account Act (Act) (765 ILCS 910/1 et seq) was modified from its original form so as to broaden the scope of "mortgage lender" to include savings banks, credit unions, mortgage bankers, and one who services the loan.
Don't Let Your Client Be Labeled a Predatory Lender By Mavis W. Kennedy November 2001 Article, Page 595 A review of federal and state predatory-lending laws, including new regulations from the Illinois Office of Banks and Real Estate.
High risk home loans July 2001 Illinois Law Update, Page 342 On May 17, 2001, the Illinois Office of Banks and Real Estate (office) adopted a new provision to section 345 of the Illinois Administrative Code. 38 Ill Adm Code 345.
Default and foreclosure rates on conventional loans March 2001 Illinois Law Update, Page 116 On December 15, 2000, the Illinois Office of Banks and Real Estate (OBRE) adopted emergency rules and amendments to sections 345, 1000, and 1050 of the Illinois Administrative Code.
The Lawyer's Journal By Bonnie C. McGrath January 2001 Column, Page 10 Standard of review for fee suits; U.S. Supremes just say no to drug-sniffing dogs at checkpoints; employee claims rejected by 7CA; and more.
Mortgage guaranty insurance August 2000 Illinois Law Update, Page 438 On May 30, 2000, the Illinois Department of Insurance adopted emergency amendments to section 202 of the Illinois Administrative Code. 50 Ill Adm Code 202.
The Lawyer's Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
New law protects consumers from predatory lenders ; P.A. 91-698 July 2000 Illinois Law Update, Page 380 Public Act 91-698, which became effective when signed on May 6, is designed to protect Illinois consumers from predatory lenders by authorizing the Department of Financial Institutions and the Office of Banks and Real Estate to promulgate rules regulatin regulating the activities of lenders they license.
The Lawyer's Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?