Illinois Bar Journal


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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
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.