(Zalewski, D-Chicago) amends the Conveyances Act. It provides that the Section concerning the interests of subsequent purchasers without notice is a pure-notice recording statute. Scheduled for hearing on April 10 in House Judiciary Committee.
Foreclosure of Defendant’s mortgage on commercial property. During foreclosure proceedings, prior to appointment of a receiver, Defendant filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings. After automatic stay was lifted in bankruptcy action, receiver was appointed in foreclosure proceedings, and court ordered all rents paid during bankruptcy to be turned over to receiver.Order entered by bankruptcy court is sufficient to show that Plaintiff obtained constructive possession over rents as of date of order. Court did not err in ordering turnover of prereceivership rents to receiver, and ultimately to Plaintiff. Court did not abuse its discretion in awarding Plaintiff attorney fees as provided by loan documents. (BURKE and McBRIDE, concurring.)
This case presents question as to whether trial court properly found that defendant-union had breached terms of lease of premises under corporate successor liability theory, where different union had entered into said lease, and where defendant had acquired assets of said union following said union’s dissolution. While defendant argued that lease was void ab initio and could not be enforced because it was not executed in conformity with former union’s bylaws or with Property of Unincorporated Associations Act (Act), Appellate Court, in affirming judgment in favor of plaintiff, found that former union’s failure to comply with its bylaws or with Act did not render lease void ab initio, and that instant defendant was liable for breach of lease based on corporate successor liability principles, where defendant had acquired and retained former union’s operations and had knowledge of instant lease at time of asset acquisition. Appellate Court further noted that nothing in Act outweighed state’s preferred policy of enforcing otherwise legal private contracts entered into for legitimate reasons.
In mortgage foreclosure action, court properly denied Defendant's motion to quash service by publication, where Defendant's spouse had affirmatively informed special process server that Defendant did not reside at property in question, refused to provide information about how to reach him, and property address was the only address discovered for Defendant after a comprehensive search.(McBRIDE and ELLIS, concurring.)
(Zalewski, D-Chicago) amends the Conveyances Act. It provides that the Section concerning the interests of subsequent purchasers without notice is a pure-notice recording statute. Introduced and referred to House Rules Committee.
Court properly entered summary judgment for Plaintiff in declaratory judgment action involving contract dispute. General intent and purpose of Agreement as a whole, as expressed in numerous other provisions of Agreement, reflect that apparent limitation on Plaintiff's purchase option must be viewed as a mistake, accident, or so repugnant to general intent and purpose of Agreement that it must be disregarded. Agreement reflects parties' general intent that purchase option was to survive expiration of estate for years.(REYES and LAMPKIN, concurring).
(Court opinion corrected 2/16/18.) Court granted Petitioner a tax deed for condominium for which Petitioner had purchased delinquent delinquent property taxes.County clerk's practice of using PIN on line designated for certificate number does not violate Property Tax Code. Petitioner strictly complied with notice requirements of Code, entitling it to a tax deed.(McLAREN and BURKE, concurring).
(Demmer, R-Dixon) urges the ARDC to look into further amending Supreme Court Rule 756 to require Illinois attorneys to disclose to prospective and current clients if and when the attorney's malpractice insurance has lapsed. This is a legislative resolution. It has just been introduced.
(Mulroe, D-Chicago) provides that a summons that otherwise complies with Supreme Court Rules and is properly served is not invalidated and the court's jurisdiction is not affected by an error in format. Provides that a summons is not defective if the named defendant is listed on a document attached to the summons. Provides that the changes to the Code of Civil Procedure are declarative of existing law set forth by the Illinois Supreme Court in Fleshner v. Copeland, 13 Ill.2d 72 (1958).
Amends the Mortgage Rescue Fraud Act to provide that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. Just introduced.