Publications

Articles on Mortgages and Mortgage Foreclosure

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.

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.

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