Articles From Michael G. Cortina

Stepping Up May Need to Step Out By Michael G. Cortina Bench and Bar, September 2019 While it is very common for an attorney to "step up" for the attorney of record in a case, should this practice even exist?
Blown out of proportion By Michael G. Cortina Bench and Bar, May 2019 Crystal Lake Limited Partnership v. Baird & Warner Residential Sales, Inc. provides an interesting reminder regarding fee-shifting clauses and how courts should enforce them.
Judging judges By Michael G. Cortina Bench and Bar, July 2018 Trial experience is often seen as the measurement that matters the most in selecting judges, but other qualifications and experience should also be factored in when evaluating judicial candidates.
Returning to the fray after discharge By Michael G. Cortina Bench and Bar, January 2018 The “return to the fray” doctrine is a little-known theory that could result in harsh consequences for debtors that receive a discharge in bankruptcy, but choose to continue litigating post-discharge against creditors or other entities.
When defense is offense: Burdens of proof in mortgage foreclosure trials By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, August 2016 Despite the scant amount of published decisions on the topic, the only Illinois decisions pertaining to the proof required in mortgage foreclosure cases state that the mortgagee merely needs to offer the note and mortgage into evidence in order to prove its prima facie case.
Lawyers can benefit from judicial heuristics By Michael G. Cortina Bench and Bar, June 2016 A look at different cognitive shortcuts and how attorneys can use them to assist their clients.
Caught by recapture By Michael G. Cortina Real Estate Law, April 2016 Not only did the appellate court affirm the decision of the trial court, which found that recapture rights are not a part of real estate and cannot be terminated by foreclosure, it also affirmed the decision to award $179,000 in attorneys’ fees to the appellee as the prevailing party in the litigation.
Wage rage: The argument for why confirmation is unnecessary to attach wages with a citation to discover assets after obtaining a judgment by confession By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, March 2015 What should happen if a judgment creditor issues a citation to discover assets to the debtor’s employer and finds wages that could be used to satisfy the judgment? Does the creditor have to confirm the judgment by confession now that wages have been discovered?
Play it as it lies: Dealing with unlawful judgment by confession clauses By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2015 In the game of golf, the ball should be played from where the player finds it without any improvement to the situation; the same should occur if a court finds itself dealing with parties to an unlawful confession of judgment clause, which is to leave the parties where it finds them. Play it as it lies.
“Good cause”: A phrase in search of a definition By Michael G. Cortina Bench and Bar, July 2014 Until the IMFL is amended to include a definition of “good cause,” mortgagors and mortgagees alike will be saddled with the burden of creating arguments as to why “good cause” exists and leave the decision to the discretion of the trial court judge.
“Good cause”: A phrase in search of a definition By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, April 2014 Until the IMFL is amended to include a definition of “good cause,” mortgagors and mortgagees alike will be saddled with the burden of creating arguments as to why “good cause” exists and leave the decision to the discretion of the trial court judge.
Marzano is overruled, and there was much rejoicing By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, April 2014 This article briefly reviews the decision of BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP v. Mitchell and how it overruled Marzano and held that a party’s waiver of personal jurisdiction is prospective only and does not retroactively validate void orders entered by the circuit court without personal jurisdiction.
In rem is incomplete: Re-thinking a common foreclosure practice By Michael G. Cortina, Amber L. Michlig, & 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.
The nightmare scenario By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, August 2012 Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
The nightmare scenario By Michael G. Cortina Real Estate Law, August 2012 Rather than trying to “get one by” the judge and hope that s/he does not notice that we forgot something, we should strive to prove that we have done all that could possibly be required of us and that when we ask for relief from the court the judge will know that we are entitled to such relief.
The bucks start here: How national banks have payment priority over judgment creditors when processing collection efforts By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, February 2011 The Illinois Banking Act, which is relevant state law, does not apply to nationally chartered banks regarding the charging and collection of fees to the bank’s customer’s account because of federal law preemption.
The answer is in the minutes By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, December 2010 An explanation of the differences between a deed in lieu of foreclosure and a consent foreclosure, and why one is not always better than the other.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendants By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2009 A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
The importance of being thorough By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, November 2007 Banks are usually the first target for creditor’s rights attorneys who are seeking to collect on a judgment.
Federal Grand Jury subpoenas: Forcing banks to work for free By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, August 2006 From time to time, banks will be served with a subpoena to produce documents for a federal grand jury investigation.
Chapter 9 Bankruptcy in Illinois: The obvious now has precedent By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, March 2006 Since the Bankruptcy Reform Act of 1994, there has been little question as to the lack of eligibility of municipalities in Illinois for relief under Chapter 9 of the United States Bankruptcy Code.
Not my job: The duty of third parties to assert exemptions on behalf of judgment debtors By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, July 2005 Attorneys for banks and other creditors often find themselves asked by their clients whether they, as third-party respondents to a collection proceeding, have a duty to assert exemptions on behalf of their customers.

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