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Illinois Consumer Fraud and Deceptive Business Practices Act

Leszanczuk v. Carrington Mortgage Services, LLC, No. 21-1367 (December 28, 2021) N.D. Ill., E. Div. Affirmed
Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s claim that defendant breached mortgage agreement and violated Illinois Consumer Fraud and Deceptive Business Practices Act (Act) by charging plaintiff $20 for visual, drive-by inspection of her residence, after plaintiff had defaulted on her mortgage loan. While plaintiff asserted that said fee was improper under mortgage contract because defendant knew or should have known that she already had occupied her
Continue Reading Illinois Consumer Fraud and Deceptive Business Practices Act

Bank of New York Mellon v. Dubrovay, 2021 IL App (2d) 190540 (November 17, 2021) Du Page Co. (McLAREN) Reversed and remanded.Court granted Defendant’s motion to dismiss Plaintiff’s 4th foreclosure complaint for violating the single refiling rule of section 13-217 of Code of Civil Procedure. Because Plaintiff’s accelerations occurred by the filing of foreclosure actions, Plaintiff’s voluntary dismissals of those actions constituted affirmative acts of revocation of those accelerations. Thus, upon revocation the parties returned to their pre-acceleration rights and obligations. Defendants were obligated to make monthly installments, and thus their new payment default gave rise to a separate
Continue Reading Mortgage Foreclosure  |  2d Dist.

Your mortgage payments increased unexpectedly.  Maybe your escrow balance is low, taxes increased, or your insurance premium increased.  In any event, you want to verify the information your bank or loan servicers has on file.  You call the servicer and often you must depend on their word if you are able to obtain an answer at all.  Maybe, the servicer used the pandemic as a reason for lost or inconsistent information.  What can you do to verify information or obtain documents when you dispute your mortgage payment increase or account information?

            Pursuant to the Real Estate Settlement Procedures Act
Continue Reading How to Obtain Loan Information During Covid-19 from Reluctant Loan Services: Qualified Written Request for Information

JP Morgan vs. Bell

Case Number: 

2020 IL App (3d) 190128

Decision Date: 

Wednesday, July 1, 2020


3d Dist.


Will Co.

            A review of the recent Will County, Illinois case JP Morgan vs. Bell 2020 IL App (3d) 190128 (2020) raises two issues:

Issue (s):

  • Whether a
    deceased mortgagor is a necessary party in a foreclosure proceeding.
  • Whether a recorded
    release and satisfaction of mortgage agreement and later a recorded certificate
    of error as to a release and satisfaction by same entity creates a genuine
    issue of material facts.
  • The Illinois Code provides that the necessary
    Continue Reading JP Morgan v. Bell 2020

    A foreclosure can be a sprint or a marathon.    It is contingent on whether the homeowner
    will allow the bank to run its race (“aka the foreclosure process”) with
    opposition and hurdles or with a clear lane to the finish line.  In Illinois, the bank is required to go
    through the foreclosure process to obtain lawful possession of real estate
    after a homeowner has defaulted on its mortgage.

     In foreclosure, a bank is required to file a
    complaint, obtain a judgment, conduct a sale, and have a judge confirm and
    approve the sale. While the minimum requirements may appear to
    Continue Reading An Overview of the Foreclosure Process