The Consumer Financial Protection Bureau (CFPB) has proposed a new rule that could impact lenders using forms of artificial intelligence in their lending practice. The rule affects mortgage originators and secondary market...more
With the advent of the federal Corporate Transparency Act (“CTA”) that begins on January 1, 2024, financial institutions will need to re-think their information and certification requirements for account and loan customers....more
Before responding to a creditor’s citation to discover assets ("CDA"), financial institutions should consider whether the court presiding over the judgment can lawfully direct them to act against a debtor's accounts. Even if...more
With the economy tightening and interest rates continuing to increase to amounts greater than have been seen in the recent past, lenders are facing more requests for assistance from debtors who are unable to repay their loans...more
By now we have all heard about the eviction moratorium order (Order) that was issued by the Centers for Disease Control and Prevention (CDC) in September, 2020. We have also likely heard that the moratorium expired, and then...more
On June 17, 2021, the Illinois Supreme Court issued an opinion resolving a split in the appellate courts on whether or not a summons can be properly served in Cook County, Illinois by someone other than a Cook County Sheriff...more
Local and national news agencies anticipate a wave of evictions once all moratoria against evictions expire. The CDC moratorium on residential evictions expires at the end of December, 2021. Governor Pritzker’s similar...more
On September 4, 2020, the Centers for Disease Control and Prevention (CDC) issued an order (Order) that places a moratorium on residential evictions due to non-payment of rent through and including December 31, 2020. While...more
9/10/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
The CARES Act expands eligibility for small business loans made under section 7(a) of the Small Business Act by enacting a new Paycheck Protection Program (the “Program”). Program loans will be 100% guaranteed by the Federal...more
The Small Business Administration (SBA) has become a direct lender to small businesses for emergency working capital needs due to the economic injuries that Coronavirus (COVID-19) is causing. Small for-profit and non-profit...more
Almost every loan document package contains a provision that dictates how notices should be given to each of the parties. This is done so that there is clarity as to how to give notices, and whether any such notices have been...more
Commercial lenders often take junior or second mortgages on real estate as additional collateral for loans. Unfortunately, because those junior liens are subordinate to the senior liens, they are subject to being eliminated...more
Aviation lending is a world unto its own, populated by lawyers and lenders alike that focus on this niche area. Other than just understanding the difference between FAR Part 91 and Part 135, or what the Cape Town Convention...more
The doctrine of conventional subrogation in real estate is familiar to most lenders: a new lender that pays the mortgage of a prior one steps into the shoes of – or is subrogated to – the prior lender’s security interest in...more
Whenever a creditor obtains a judgment, the first avenue to attempt collection usually leads to a bank with the service of either a citation to discover assets or a non-wage garnishment. Sometimes banks have assets belonging...more
Illinois law allows real estate brokers to record liens on commercial properties for commissions that they claim they are owed. When such liens are recorded, questions abound as to their validity and priority.
Broker’s...more