Legal Articles: Weltman, Weinberg & Reis Co., L.P.A.

 







Document(s) published by this organization: 99


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HTMLThe Mortgagor Has a Right to Possession of the Property During an Illinois Mortgage Foreclosure
Casey Hicks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 26, 2015, previously published on June 18, 2015
In residential real estate foreclosure actions, the presumptive right to possession during foreclosure rests with the mortgagor of the real estate. Mellon Bank, N.A. v. Midwest Bank & Trust Co., 265 Ill.App. 3d 859, 638 N.E.2d 640, 202 Ill.Dec. 772 (1st. Dist. 1993). A mortgagee can overcome...

 

HTMLJunior Unsecured Mortgages Receive Protection from the Supreme Court
Scott D. Fink; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 18, 2015, previously published on June 02, 2015
In a decision handed down yesterday by the U.S. Supreme Court, wholly unsecured junior mortgages may not be stripped due to a lack of equity in Chapter 7 bankruptcy proceedings. The ruling came in the case of Bank of America vs. Caulkett.

 

HTMLThe Case of the Missing Promissory Note: How can a Mortgage Lender Enforce a Lost Note in Ohio?
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 2, 2015, previously published on May 27, 2015
Standing has recently become a foreclosure buzzword. The Ohio Supreme Court weighed in extensively on the topic and determined that a lender must establish an interest in the note or mortgage at the time it filed suit.1 To prove standing in a foreclosure action, a plaintiff generally must show that...

 

HTMLRecent Indiana Laws that May Impact Creditors' Legal Collections
Thomas Kendall; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 2, 2015, previously published on May 21, 2015
Effective July 1, 2015, Indiana recently enacted two laws that may impact a creditor's legal collection strategy within the state.

 

HTMLCharging for Record Requests
Matthew M. Young; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 1, 2015, previously published on May 14, 2015
All credit unions are faced with the daunting challenge of providing exceptional member service to its members, while keeping its costs low. One of the more frustrating and costly circumstances surrounding this concept involve members or third parties requesting documents from the credit union....

 

HTMLYouth Accounts: Creating a Member for Life
Matthew D. Urban; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 1, 2015, previously published on May 14, 2015
Recently I had an opportunity to volunteer at a Financial Reality fair that was hosted by a local credit union chapter group. The purpose of the event was to provide local high school students the opportunity to visit numerous booths at which time they had to choose, among other things, what type...

 

HTMLCFPB Proposes Payday Lending Restrictions
John B. C. Porter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 1, 2015, previously published on May 14, 2015
The Consumer Financial Protection Bureau (CFPB) recently indicated it was exploring limitations to end payday debt traps by requiring lenders to take steps to ensure consumers can repay their loans. These proposals would also restrict lenders from attempting to collect payment from consumers' bank...

 

HTMLSecured Creditors Must File Timely Proofs of Claims to be Paid: Seventh Circuit
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 25, 2015, previously published on May 13, 2015
The Seventh Circuit1 just issued an opinion holding that if secured creditors wish to participate in Chapter 13 bankruptcy plan distributions, they must not only file a secured proof of claim, but also file it in a timely manner.2 Up until now, it was widely held that the proof of claims deadline...

 

HTMLCan You Rely on an "Electronic Signature"?
Amanda R. Yurechko; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 21, 2015, previously published on May 12, 2015
The Electronic Signatures in Global and National Commerce Act, commonly known as "ESIGN", was enacted June 30, 2000, and is found at 15 U.S.C. 96. This federal law allows the use of electronic signatures in interstate and foreign commerce. The law ensures the validity and legal effect of...

 

HTMLNursing Care Contracts and Admission Agreements: Starting a Relationship the Right Way
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 19, 2015, previously published on April 24, 2015
From the perspective of a proprietor of a nursing care facility, admission agreements are the beginning of the credit relationship between a facility and the resident. Although the main concern behind this agreement is care for the resident, the agreement also needs to outline the rights and...

 


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