Commercial Banking, Collections, and Bankruptcy

Senate Bill 16

Topic: 
Fast-track mortgage forecosure
(Collins, D-Chicago; Lyons, D-Chicago) creates an expedited judgment and sale procedure for abandoned residential property. An additional filing fee will be imposed on plaintiffs in a tiered system in which the fees increase in proportion to the number of foreclosures a plaintiff prosecutes. The fees will also pay for "housing counseling" for residents who are going through the foreclosure process in effort to help them save their homes. Clarifies that a portion of the Conveyances Act is permissive instead of mandatory to prevent that portion of the Act from affecting the validity of a properly recorded mortgage by a trustee in bankruptcy. House Amendment 8 becomes the bill and is positioned to move during this veto session.

Senate Bill 3180

Topic: 
Title Insurance Act
(Mulroe, D-Chicago; Lang, D-Skokie) carves out an exception to the prohibition against a title insurance company, title insurance agent, or independent escrowee making disbursements in connection with any escrows, settlements, or closings out of a fiduciary trust account or accounts. The exception that Senate Bill 3180 creates is if the funds are good funds and the title insurance company, title insurance agent, or independent escrowee and the financial institution are known to each other and agree to the use of these funds. Passed the Senate this spring and scheduled for a hearing Tuesday in House Executive Committee.

Gaylor v. Campion, Curran, Rausch, Gummerson and Dunlop, P.C.

Illinois Appellate Court
Civil Court
Legal Malpractice
Citation
Case Number: 
2012 IL App (2d) 110718
Decision Date: 
Thursday, November 15, 2012
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
(Court opinion corrected 11/16/12.) Plaintiffs filed legal malpractice action related to business venture and patents; court dismissed common-law fraud count. Plaintiffs never actually filed an amended complaint that incorporated or referenced the previously dismissed fraud count, and thus they did not preserve the fraud count for de novo appellate review. Jury's damages award of $182,625 fell within the range supported by the evidence; jury reasonably could have concluded that Defendants' negligence did not proximately cause Plaintiffs to incur preclosing or postclosing expenses, or amount paid by Plaintiffs at closing. (BIRKETT, concurring; McLAREN, specially concurring.)

Yellow Book Sales & Distribution Co. v. Feldman

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2012 IL App (1st) 120069
Decision Date: 
Thursday, November 15, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
FITZGERALD SMITH
(Court opinion corrected 11/21/12.) Plaintiff, an attorney, continued to sign advertising contracts with Yellow Book, even after he was placed on notice of personal collections suit against him (after his company went out of business and ceased paying its bills), and in so doing he did not attempt to cross out contract language as to personal guarantee or add language limiting his guarantee to his corporate role. Court properly found that Plaintiff intended to be bound personally under contract guarantee. (LAVIN and PUCINSKI, concurring.)

Church of the Little Flower v. US Bank

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2012 IL App (4th) 120266
Decision Date: 
Monday, November 5, 2012
District: 
4th Dist
Division/County: 
Sangamon Co.
Holding: 
Reversed and remanded with directions.
Justice: 
COOK
Church petitioned court for reformation of a trust of which church is one of three remaining beneficiaries. Doctrine of equitable deviation did not apply, and thus reformation of trust was improper. Deviation, including termination, merely because it would be more advantageous to the beneficiaries, is inappropriate. Equitable deviation is proper only where trust is so inefficient that its continuation would necessarily interfere with the trust's purpose.(TURNER and KNECHT, concurring.)

Irvington Elevator Company v. Heser

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2012 IL App (5th) 110184
Decision Date: 
Wednesday, October 24, 2012
District: 
5th Dist.
Division/County: 
Marion Co.
Holding: 
Reversed and remanded.
Justice: 
GoLDENHERSH
In breach of contract claim for grain contracts, parties' course of dealing is highly relevant; in numerous instances, oral contracts were honored though confirmations were sent months later, and many contracts could not be priced or performed for two years after oral agreement. Whether Plaintiff's confirmations were sent within a reasonable period of time is a question of fact, involving fact-intensive inquiry per UCC, including course of dealing and trade usage. (WELCH and CHAPMAN, concurring.)

US Bank National Association v. Villasenor

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2012 IL App (1st) 120061
Decision Date: 
Friday, October 5, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Equitable mortgage has all the effects of recordation when land was in possession by someone other than the record owner. Equitable mortgage also requires that bank foreclose on interests of occupant and tenant of house, as bank was imputed with inquiry notice of mortgagee's interest based on occupant/tenant's possession of the house. Bank's duty to inquire further before issuing loan and mortgage is a duty imputed by law, and as bank failed to so inquire, it is not a bona fide mortgagee without notice. (HALL and GARCIA, concurring.)

Urban Sites of Chicago v. Crown Castle USA, LLC

Illinois Appellate Court
Civil Court
Leases
Citation
Case Number: 
2012 IL App (1st) 111880
Decision Date: 
Tuesday, October 9, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Express language in estoppel certificate in contract shows there was a meeting of the minds to increase leased area, and as acknowledged by initials on copies of original site plan. By executing the contract, Plaintiff represented that lease contained entire agreement between landlord and tenant as to leased property for equipment and antenna structure. (HOFFMAN and ROCHFORD, concurring.)

Parent v. Home Depot U.S.A., Inc.

Federal 7th Circuit Court
Civil Court
Consumer Law
Citation
Case Number: 
No. E.D. Wisc.
Decision Date: 
September 24, 2012
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging violations of Wisc. Consumer Act arising out of defendant’s failure to remove $9,761.64 charge that had been transferred to plaintiffs’ account with defendant for purchase of goods on charge card issued by third-party. While plaintiffs alleged that defendant had either directly or indirectly made attempt to collect on debt so as to trigger protections under Act, Dist. Ct. could properly find that defendant did not violate Act since only third-party, as owner of plaintiffs' credit card account, took steps to collect on instant debt. Fact that defendant may have relied on third-party to get paid for sale of its goods to plaintiffs was irrelevant and insufficient to establish violation of Act.

Harris N.A. v. Harris

Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2012 IL App (1st) 113813
Decision Date: 
Tuesday, September 4, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
HOFFMAN
Court properly entered summary judgment for bank against former married couple, alleging that husband had defaulted on a note and had fraudulently transferred assets to wife. Stipulated agreement between wife and U.S. limited reach of forfeiture judgment to two real properties. That agreement put a value on marital estate does not change scope of husband's forfeiture, and forfeiture does not bereave him of any property interests he could have transferred fraudulently. Wife had access to more than $1 million in her own funds, thus belying her claim that she needed to sell assets to pay for household expenses. (HALL and KARNEZIS, concurring.)