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Appellate Court lacks jurisdiction because Notice of Appeal was untimely filed
November 28th, 2017
Download “Civil Practice and Procedure November 2017” and read this article on page 4.
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Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale
August 22nd, 2016
U.S. Bank N.A. v. Rahman, 2016 IL App (2) 150040 Facts On September 29, 2009, U.S. Bank filed its complaint to foreclose a mortgage against Defendant, Syeda Nazia Rahman (Rahman) and others with an interest in the property, on a residential property…
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Publication: Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule
May 11th, 2016
Coleman v. East Joliet Fire Protection District (In re Estate of Coleman), 2016 IL 117952 Facts On the evening of June 7, 2008, 58-year old Coretta Coleman called 911 because she was having difficulties breathing. Nine minutes later, the ambulance cr…
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“Complex Asset Recovery: Fraudulent Transfers, Charging Orders and More" Seminar Moderated by Robert Handley
September 24th, 2015
Arnstein & Lehr LLP partner Sandra A. Franco, program coordinator for the Illinois State Bar Association’s Commercial Banking, Collections and Bankruptcy Section, invited colleagues to attend “Complex Asset Recovery: Fraudulent Transfers, Cha…
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Categories: Firm News
Can a Spouse Who Occupies a Property As His/Her Residence But Is Not On Title Claim a Homestead Exemption?
November 23rd, 2014
GMAC Mortgage, LLC v. Arrigo, 2014 Il App (2d) 130938 (2014) by: Robert Handley BURKE & HANDLEY, P.C. 1430 Branding Avenue, Suite 175 Downers Grove, Illinois 60515 GMAC Mortgage, LLC filed a mortgage foreclosure against Nicholas A. Arrigo and Len…
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Publication: Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion
February 1st, 2013
Robert Handley published an Article analyzing the decision of EMC Mortgage Corporation v. Kemp, 2012 IL 113409 where the Illinois Supreme Court, over the Dissent, held that, although as a general rule a void Order can be attacked at any time, the fac…
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Publication: When dispositive motions are not served on counsel of record but that counsel failed to obtain leave of court to appear—What happens?
November 1st, 2012
Robert Handley published an Article analyzing J.P. Morgan v. Straus, 1 2012 IL App (1st) 112401. This case discussed what happens when a dispositive motion was not properly served and the movant did not obtain leave of court to appear. View the full…
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Publication: How do you calculate two years for a Section 2-1401 Motion to Vacate? Court ignores 1918 case
November 1st, 2011
Robert Handley published an Article reviewing Parker v. Murdock, 2011 IL App (1st) 101645. In this case, the Illinois Appellate Court clarified how to calculate two years in order to be eligible to file a 735 ILCS 5/2-1401 Motion to Vacate. View the…
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Publication: Mortgage foreclosures: In rem or quasi in rem? The distinction that makes a difference
June 1st, 2010
Robert Handley published an Article on ABN AMRO Mortgage Group v. McGahan, et al, 237 Ill. 2d 526 (June 4, 2010). In this case, the Illinois Supreme Court decided that Mortgage foreclosures are to be considered quasi in rem. View the full Article by…
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Publication: Clerk hands back complaint—Case barred by statute of limitations
November 1st, 2006
Robert Handley published an Article discussing the Roach v. Coastal Gas Station, 363 Ill. App. 3d 674, 843 N.E.2d 393 (5th Dist. 2005). In this case the Court Clerk refused to accept a document for filing at 4:02 pm on the date that Statute of Limita…
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