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Articles on Mortgages

Mortgage foreclosure defense: Mortgagors beware By Michael J. Maslanka Real Estate Law, May 2019 Bank of New York Mellon v. Wojcik, et al. offers some points of guidance to mortgage foreclosure defense attorneys.
Mortgagees beware: Rents and profits rule By R. Stephen Scott Commercial Banking, Collections, and Bankruptcy, February 2016 With defaults continuing on commercial property mortgage notes in many sectors of the United States, it is worth reminding mortgagees and loan servicers that the “Rents and Profits Rule” (the “Rule”) continues in effect in Illinois.
Banker forges payoff letter to defraud bank and MERS no help By Erica Crohn Minchella Real Estate Law, January 2016 A look at M&T Bank v. Mallinckrodt.
Mortgagors and mortgagees in the pleading game By Michael J. Maslanka Real Estate Law, December 2015 Must a loan modification agreement must be attached to and pled in a foreclosure complaint?
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Construction Law, January 2014 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
The aftermath of Cypress Creek—How newly-enacted HB 3636 affects commercial mortgage lenders By Thomas M. Lombardo Commercial Banking, Collections, and Bankruptcy, December 2013 A real-world example of exactly how the recent changes to the Mechanics Lien Act affect a commercial real estate foreclosure with post-mortgage mechanics liens.
Aiding Illinois consumers victimized in mortgage rescue scams By Jennifer D. Franklin Commercial Banking, Collections, and Bankruptcy, August 2013 This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
1 comment (Most recent August 15, 2013)
Cross-collateralization clauses in real estate mortgages redux By Timothy J. Howard Construction Law, June 2013 The recent Seventh Circuit court decision of Peoples National Bank v. Banterra Bank will change the use of junior mortgages in commercial real estate lending.
Aiding Illinois consumers victimized in mortgage rescue scams By Jennifer D. Franklin May 2013 This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
Cross-collateralization clauses in real estate mortgages must comply with the Illinois Conveyances Act By Timothy J. Howard Construction Law, March 2013 In the case of Peoples National Bank, N.A. v. Jones, the district court held that a mortgage containing a general non-specific cross-collateralization clause did not secure any debt other than the balance due on the note specifically described in the mortgage.
Editor’s Column: Perspectives on the mortgage default mess By John T. Phipps General Practice, Solo, and Small Firm, December 2008 These are two pearls of Southern Illinois wisdom that come to mind as I listen to the news about the financial crisis we are in with regard to mortgage defaults and mortgage foreclosures.
Overview of Reverse Mortgages By Elizabeth W. Anderson Elder Law, February 2008 More clients have recently become interested in the options that a reverse mortgage may offer them.
When is a sale-leaseback an equitable mortgage? By Gregory A. Thorpe & John C. Murray Real Estate Law, March 2005 When two sets of sophisticated real estate investors represented by experienced counsel say something is a duck-and it quacks and swims with its webbed feet-is it a duck?
Mortgage defense 102: Pleading fraud By Harold I. Levine Real Estate Law, June 2003 Part I of this article1 dealt briefly with the concept of preemption. It stated: "The most favored defense of lenders is preemption.
Mortgage defense 101 By Harold I. Levine Commercial Banking, Collections, and Bankruptcy, May 2003 Lenders frequently assign or transfer their loans. Sometimes they are securitized. Sometimes the servicer seeks to foreclose.
Predatory lending—a perspective for the mortgage attorney By Celeste M. Hammond Corporate Law Departments, July 2001 Predatory lending practices are getting a tremendous amount of attention: in the press, in the title industry; in the mortgage banker industry; in the consumer industry; in Congress, state and local governments.
Reverse mortgage resources By Stephanie Edeltein Elder Law, April 1999 AARP Home Equity Information Center AARP Foundation
Reverse mortgages and the Internet era—Lenders and title insurers beware By Todd A. Rowden Real Estate Law, March 1999 Mortgages are the bedrock of home ownership and, indeed, of our entire economy.

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