Commercial Banking, Collections, and Bankruptcy

House Bill 3434

Topic: 
The Residential Real Property Disclosure Act

(Wheeler, Keith; R-North Aurora) provides upon signing and dating the disclosure report, the prospective buyer accepts and acknowledges that the prospective buyer has received the residential real property disclosure report form in its entirety, including the disclosure report and a copy of the Act. Scheduled for hearing in House Judiciary Committee March 8. 

House Bill 3386

Topic: 
Health Care Services Lien Act

(Thapedi, D-Chicago) adds to the definition of “health care provider” ambulatory surgical treatment facilities accredited by one of the following organizations: the American Association for the Accreditation of Ambulatory Surgical Facilities; the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations); the Healthcare Facilities Accreditation Program; or the Accreditation Association for Ambulatory Health Care. Scheduled for hearing in House Judiciary Committee March 8

House Bill 2615

Topic: 
The Mechanics Lien Act

(McDermed, R-Frankfort) provides an owner, contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights unless the claimant executes and delivers a waiver and release under specified conditions and in conformance with a statutory form. Includes some exceptions. Scheduled for hearing in House Judiciary Committee March 8. 

 

Heng v. Heavner, Beyers & Mihlar

Federal 7th Circuit Court
Civil Court
Fair Debt Collection Practices Act
Citation
Case Number: 
Nos. 16-1668 et al. Cons.
Decision Date: 
February 17, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiffs’ actions alleging that defendant violated provisions of FDCPA by filing foreclosure actions in state court against plaintiffs under circumstances where: (1) defaulted mortgages at issue in foreclosure actions were backed by Federal Housing Authority (FHA); and (2) FHA did not authorized defendant to bring instant foreclosure actions and had policy prohibiting defendants from bringing instant foreclosure actions under circumstances where plaintiffs had suffered financial hardship. While plaintiffs argued FDCPA violation occurred because defendant had not obtained FDA’s authorization to bring foreclosure actions, applicable FHA regulations did not require FHA authorization prior to bringing instant foreclosure actions and did not prohibit instant foreclosure actions.

Evergreen Square of Cudahy v. Wisc. Housing and Economic Development Authority

Federal 7th Circuit Court
Civil Court
Contract
Citation
Case Number: 
No. 16-1475
Decision Date: 
February 17, 2017
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-housing agency’s motion for summary judgment in action by alleging that defendant breached contracts with plaintiffs-property owners participating in Section 8 federal rental assistance program by: (1) requiring one plaintiff to request rent increase before awarding plaintiff any increase under Section 8 program; (2) requiring all plaintiffs to submit comparability studies to support any proposed upward maximum monthly rent that plaintiffs could receive on covered rental units; or (3) applying one percent reduction in allowable rent for non-turnover rental units. While said provisions were not contained in original contracts with defendant, Congress amended Section 8 to allow defendant to enforce disputed provisions, such that said provisions became part of plaintiffs’ contracts with defendant as said contracts were renewed subsequent to date that amendments to Section 8 were enacted.

Senate Bill 889

Topic: 
Jury Act

(Hutchinson, D-Chicago Heights) provides that no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. It does not affect any current statutory exemptions. It has just been introduced. 

House Bill 2665

Topic: 
Guardianship of a disabled adult

(Davis, D-East Hazel Crest) amends the Probate Act of 1975 to provide that a person may not act as the guardian of an adult with a disability until he or she has completed a training program developed by the State Guardian or by another suitable provider approved by the court. Exempts public guardians, state guardians, attorneys currently authorized to practice law, and persons who are certified as National Certified Guardians by the Center for Guardianship Certification. Provides that the Governor may designate, without the advice and consent of the Senate, the Office of State Guardian as an interim public guardian to fill a vacancy in one or more counties. Makes other changes. It has just been introduced.

 

House Bill 3054

Topic: 
Judicial complaints

(Davis, D-East Hazel Crest) requires that every circuit court judge announce that a person can file a complaint against him or her, before calling the first case of the day, and that a person can pick up a form with instructions on filing a complaint from the clerk. Requires that the clerk of the circuit court make available instructions for the filing of a complaint against a judge with the Judicial Inquiry Board. Requires that the clerk post within each courtroom a notice that a person may file a complaint against the judge and that instructions for filing a complaint may be obtained from the clerk. It has just been introduced. 

House Bill 3089

Topic: 
Probate Act of 1975

(Mitchell, R-Decatur) requires that a specified notice to creditors be delivered to the Illinois Department of Healthcare and Family Services, at the Bureau of Collections at the Chicago office of the Department, if the decedent was 55 years of age or older or resided in a nursing facility or other medical institution. Requires that a copy of the petition to admit the will to probate or for letters of administration and the decedent's social security number and date of birth be attached to the notice delivered to the Department. It was just introduced.  

Senate Bill 951

Topic: 
Illinois Administrative Procedure Act

(Oberweis, R-Sugar Grove) provides that the notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case. 

Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than two secondary electronic mail addresses. 

Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified sections may be transmitted. 

Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission. It has just been introduced.