Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The Illinois First District recently affirmed a mortgage foreclosure summary judgment for a plaintiff mortgage lender in a case involving the protection given to tenancy by the entirety (TBE) property. In Marquette Bank v. Heartland Bank and Trust, 2015 IL App (1st) 142627, the main issue was whether a marital home was protected from foreclosure where it was …
Continue reading “Joint Mortgage Debt Means No Tenancy By Entirety Protection for Homeowners”
While there are nuances and some exceptions to it, the general rule is that only “final” orders are appealable. If a trial court’s order is final, the losing party can appeal it. If the order isn’t final – meaning, the case is still going on – the losing party can’t appeal it. Whether an order is final …
In Charles Austin, Ltd. v. A-1 Food Services, Inc., 2014 IL App (1st) 132384, the First District affirmed the denial of a corporate defendant’s Section 2-1401 motion to vacate a judgment. About three months after judgment, the defendant sought to vacate the judgment claiming it was never served with the lawsuit. The trial court denied …