Illinois Court Rejects Plaintiff’s Claims of FDCPA, Fourteenth Amendment, Mortgage Foreclosure Law, and Assignment Violations

Posted by & filed under 2014, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, Illinois, MBS industry.

The court in deciding Gonzalez v. Bank of Am., N.A., 2014 U.S. Dist, 67 (N.D. Ill. 2014) granted defendant’s motion to dismiss. Plaintiff (Gonzalez) filed a four-count complaint against Bank of America and MERS seeking damages arising from alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq. (Count… Read more »

Appellate Court of Illinois Awarded Summary Judgment to Plaintiff Where Defendant Failed to Show That Plaintiff was an Unlicensed Debt Collector Under the Collection Agency Act

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation commentary, Downstream litigation media coverage, Illinois.

The Illinois court in deciding Kondaur Capital Corp. v. Sreenan, 2013 Ill. App. (Ill. App. Ct. 1st Dist. 2013) affirmed the judgment of the circuit court granting summary judgment for the plaintiff. In the summary judgment motion, the plaintiff asserted that it was the legal holder and in possession of the note at issue pursuant… Read more »

Appellate Court of Illinois Denies Defendants’ Motion for Presentment and Cause to Vacate Judgment was Misplaced and Had no Legal Significance

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Downstream litigation commentary, Downstream litigation media coverage, Foreclosures, Illinois, MBS industry.

The Appellate Court of Illinois in deciding Deutsche Bank Nat’l Trust Co. v. Cole, 2013 IL App (2d) 130450-U (Ill. App. Ct. 2d Dist. 2013) held that the trial court properly confirmed a judicial sale, as the plaintiff had no obligation to produce the originals of the mortgage and the note. Moreover under the appropriate… Read more »

Illinois Court Finds that Assignment was Proper, Thus Wells Fargo Could Foreclose

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Foreclosures, Illinois, MBS industry.

The court in deciding Wells Fargo Bank, N.A. v. Abatangelo, 2013 IL App (1st) 130423-U (Ill. App. Ct. 1st Dist. 2013) affirmed the lower court’s ruling in favor of plaintiff Wells Fargo. The court determined Wells Fargo had standing to bring the foreclosure action. Mr. Abatangelo challenged the lower court’s grant of summary judgment on… Read more »

Illinois Court of Appeals Upholds Lower Court Decision Finding that Wells Fargo had Standing to Foreclose

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Equity, Foreclosures, Illinois, MBS industry, MERS/Bank has standing.

The court in deciding Wells Fargo Bank, N.A. v. Abatangelo, 2013 IL App (1st) 130423-U (Ill. App. Ct. 1st Dist. 2013) that Wells Fargo had standing to foreclose the mortgage. Defendant, Peter Abatangelo, appealed the order of the circuit court granting summary judgment in favor of plaintiff, Wells Fargo Bank, on plaintiff’s foreclosure complaint. On… Read more »

Illinois Court Finds Statute of Limitation Barres TILA & Fraud Claims

Posted by & filed under 2013, Downstream litigation, Downstream litigation by date, Downstream litigation by state, Illinois.

The court in deciding Gater v. Bank of Am., N.A., 2013 U.S. Dist. LEXIS 149872 (N.D. Ill. 2013) granted Bank of America’s motion to dismiss. Plaintiff alleged violations of Truth-in-Lending Act (TILA), 15 U.S.C. §§ 1601, et seq. claim (Count I), and an Illinois Consumer Fraud and Deceptive Business Practices Act (Fraud Act), 815 ILCS… Read more »