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1115 Harrison Street P.O. Box 906  •  Mount Vernon  •  Illinois 62864
The Sharp Law Firm, P.C
Forbearance Agreements Are Enforceable, Court Rules

Recent Blog Posts

Forbearance Agreements Are Enforceable, Court Rules

Forbearance Agreements Are Enforceable, Court Rules Forbearance agreements, including waivers of defenses and other concessions which the lendersought in exchange for forbearing, are legally enforceable, even against consumers, a panel of theIllinois Appellate Court has ruled.In Eastern Savings Bank, FSB v. Flores, 2012 IL App (1st) 112979, plaintiff had commenced amortgage foreclosure suit and allegedly… Read More »

Failure to File Sworn Response in 28 Days Yields Binding Admission

Failure to File Sworn Response in 28 Days Yields Binding Admission Another panel of the Illinois Appellate Court has come down on the side of putting teeth into Illinois Supreme Court Rule 216 on requests to admit (see Sharp Thinking No. 39, Nov. 2010).In In re Application of the County Treasurer, 2012 IL App (1st)… Read More »

Assembly Increases Sanctions for Visitation Violations

Assembly Increases Sanctions for Visitation Violations The General Assembly has increased the sanctions for custodial parents who violate visitation orders.Effective August 21, 2012, the legislature added to 625 ILCS 5/7-701 (a statute previously reservedfor parents who failed to pay child support) language making the violation of a visitation order grounds fordriver’s license suspension. In P.A…. Read More »

No “Subject Matter Waiver” of Privilege From Disclosure in Business Transaction

No “Subject Matter Waiver” of Privilege From Disclosure in Business Transaction By John T. Hundley, jhundley@lotsharp.com, 618-242-0200The doctrine of “subject matter” waiver of privilege does not apply to the extra-judicial disclosure of attorney-client communications not thereafter used by the client to gain an adversarial advantage in litigation, the Illinois Supreme Court held late last month.Under… Read More »

Judicial Estoppel Doctrine Continues To Evolve

Judicial Estoppel Doctrine Continues To Evolve The doctrine of judicial estoppel, which has become one of the most potent weapons against fraud (see Sharp Thinking No. 57 (February 2012), continues to evolve in the nation’s federal courts. In some ways, the evolution is inconsistent with the per se approach seemingly taken in Berge v. Mader,… Read More »

Three-Year Statute Governs Conversion of Check

Three-Year Statute Governs Conversion of Check Conversion and negligence claims against a bank, arising from a lawyer’s forgery of a client’s signature to a settlement check, are governed by the three-year statute of limitation of 810 ILCS 5/3-118(g), a panel in the Appellate Court’s Fifth District has held.Moreover, the panel held that Illinois’ “discovery rule”… Read More »

Foreclosure Judgment Not Final And Appealable, High Court Says

Foreclosure Judgment Not Final And Appealable, High Court Says A mortgage foreclosure judgment generally is a “final order” but not a “final and appealable” order, the Illinois Supreme Court said late last month.The ruling in EMC Mortgage Corp. v. Kemp, 2012 IL 113419, appears to resolve the conflict noted in Sharp Thinking No. 60 (March… Read More »

Price Alone No Basis To Void Judicial Sale, Court Holds

Price Alone No Basis To Void Judicial Sale, Court Holds Inadequacy of the sales price, standing alone, is not a sufficient reason to deny confirmation of a judicial sale, a panel in the Appellate Court in Chicago held late last month. Although NAB Bank v. LaSalle Bank, N.A., 2013 IL App (1st) 121147, arose under… Read More »

Welcome to the The Sharp Law Firm, P.C blog

Welcome. Thank you for visiting the blog of our office. We will be updating this blog with information about the firm, recent legal updates and other legal issues.

Illinois Statute on Citations to Discover Assets Is Amended

Illinois Statute on Citations to Discover Assets Is Amended Illinois’ statute on citations to discover assets (see Sharp Thinking No. 1 (Nov. 2007), No. 68 (July2012)) has been significantly amended.Citations now are required to include therewith an Income and Asset Form, set forth in therevised statute, so that debtors can make thereon disclosures typically required… Read More »

Sharp-Hundley, P.C.
1115 Harrison Street P.O. Box 906
Mount Vernon, Illinois, 62864 USA
618-242-0200