Publications

Section Newsletter Articles on Foreclosure

Foreclosure loss mitigation & mediation rules By Daniel Lindsey Bench and Bar, April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Bench and Bar, April 2013 A summary of the recent case of EMC Mortgage Corporation v. Kemp.
Supreme Court adopts new foreclosure rules By Hon. Mathias W. Delort Bench and Bar, April 2013 An explanation of the new Illinois Supreme Court Rules that address practice and procedure in foreclosure cases.
Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Civil Practice and Procedure, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
In rem is incomplete: Re-thinking a common foreclosure practice By Michael G. Cortina, Amber L. Michlig, and Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, February 2013 This article argues that an in rem deficiency only applies in certain circumstances and concludes that if an in personam deficiency is sought in the complaint and not granted, the court leaves open the ability of the plaintiff to later sue the debtor again in order to obtain a personal judgment for the amount of the deficiency.
Cancellation of debt & Section 108 By Gregory A. Zbylut Federal Taxation, October 2007 In recent years, with interest rates at their lowest levels and banks seemingly giving away mortgages, owning one’s own home never seemed easier.