Consumer Financial Services Law Blog
Dykema Gossett PLLC
Dykema Gossett PLLC

Consumer Financial Services Law Blog

Consumer Financial Services Law Blog

News and analysis regarding Consumer Financial Services litigation and regulation, and activities of the Consumer Financial Protection Bureau

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Photo of Consumer Financial Services Law Blog Robert B. Groholski
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Showing 2 posts by Robert B. Groholski.

Illinois Appellate Court Rejects Borrower’s Claim That Foreclosing Plaintiff’s Lack Of Standing Deprives Court Of Subject Matter Jurisdiction

In Nationstar Mortgage, LLC v. Canale, 2014 IL App (2d) 130676 (Apr. 9, 2014), the Illinois Appellate Court rejected the borrower’s argument that the plaintiff’s foreclosure is void for lack of subject matter jurisdiction in a foreclosure action in which the Appellate Court characterized the “plaintiff’s standing [as] much in doubt.”  Canale clarifies that standing to foreclose and subject matter jurisdiction are separate concepts under Illinois law, and serves as a reminder that costly post-judgment litigation in foreclosure actions can be avoided by careful attention to the details of an Illinois foreclosure complaint.  Read More ›

Supreme Court of Ohio: Voluntary Dismissal Is Unavailable to Lenders After Entry of Default Judgment of Foreclosure

On May 28, 2013, the Supreme Court of Ohio held in Countrywide Home Loans Servicing, L.P. v. Nichpor, Slip Opinion No. 2013-Ohio-2083 (May 28, 2013), that a foreclosing lender could not voluntarily dismiss its foreclosure action after the entry of a default judgment of foreclosure against the borrowers. As a result of this decision, lenders in Ohio should make certain that all aspects of the foreclosure – including the parties named as defendants, the amount due, and the amount the lender is willing to accept from a sheriff’s sale – are in proper order prior to seeking the entry of a default judgment of foreclosure. Read More ›