REFinBlog

Editor: David Reiss
Brooklyn Law School

May 23, 2014

Illinois Court Rejects “Show Me the Note” Argument

By Ebube Okoli

The court in Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 1st Dist. 2013) rejected show-me-the-note argument proffered by the defendant. Defendants claimed that Parkway did not demonstrate proper standing to foreclose because … Continue reading

April 16, 2014

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

By Ebube Okoli

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 … Continue reading

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April 16, 2014 in Illinois | Permalink | No Comments

April 2, 2014

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

By Ebube Okoli

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 … Continue reading

April 1, 2014

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

By Ebube Okoli

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 … Continue reading

March 5, 2014

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

By Ebube Okoli

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 … Continue reading

February 20, 2014

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

By Ebube Okoli

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 … Continue reading

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February 20, 2014 in Illinois | Permalink | No Comments

December 24, 2013

Illinois Court Finds Statute of Limitation Barres TILA & Fraud Claims

By Ebube Okoli

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 … Continue reading

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December 24, 2013 in Illinois | Permalink | No Comments