Alerts

Revisions to Ohio's Foreclosure Procedures Are Coming Soon

June 2, 2016      |      Larry R. Rothenberg, Esq.   

On May 25, 2016, in an abrupt move to beat the summer recess, the Ohio House and Senate agreed to revisions to the Ohio foreclosure process, and the bill is now pending the Governor's signature. Here are some highlights of the bill....

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City of Aurora Now Requires Registration of Vacant or Foreclosed Properties

May 19, 2016      |      Casey B. Hicks, Esq.   

Ordinance Number 016-004 was recently enacted in Aurora, Illinois and requires all vacant or foreclosed properties to be registered by the owner with the city. The ordinance defines “owner” broadly; it includes a mortgagee that has instituted foreclosure proceedings against the mortgagor, or a mortgagee that is authorized to act to secure or repair the property, according to the terms of the mortgage. Under the guidelines of the ordinance, the director of the city’s Department of Neighborhood Standards will evaluate all buildings believed to be vacant. If the director determines a building is vacant, a notice will be sent to all owners and individuals responsible for registration of the building....

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Proposed Changes to Ohio Medicaid Eligibility Will Require Wider Use of Miller Trusts

May 3, 2016      |      Thomas R. Kendall, Esq.   

Income requirements for Medicaid eligibility could be changing thanks to rule amendments proposed by the Ohio Department of Medicaid (ODM). According to ODM’s proposal, Ohio will convert from a “209(b)” state to a “Section 1634” state starting July 1, 2016. This means that, when determining Medicaid eligibility, Ohio will implement an income cap equal to three times the Supplemental Security Income Federal Benefit Rate....

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Kentucky Supreme Court Permits Limited-Representation Agreements by Debt Settlement Companies

April 7, 2016      |      James T. Hart, Esq.   

When negotiating resolutions for debtors, most creditors’ attorneys have dealt with debt settlement companies at some point. The number of debt "adjusting," "relief" or "assistance" companies have proliferated in recent years. Many companies have expanded their services to include not just negotiation, but also active assistance in the legal process....

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Use It or Lose It When Pursuing Personal Deficiency Judgments

April 6, 2016      |      Charles A. Walgreen, Esq.   

On June 5, 2015, the First District of the Illinois Appellate Court issued its decision in LSREF2 Nova Investments III, LLC v. Michelle Coleman, relating to breach-of-note actions following a mortgage foreclosure. The decision impacts how all mortgage lenders in Illinois should pursue personal deficiency judgments....

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Use It or Lose It When Pursuing Personal Deficiency Judgments

April 6, 2016      |      Charles A. Walgreen, Esq.   

On June 5, 2015, the First District of the Illinois Appellate Court issued a decision relating to breach-of-note actions following a mortgage foreclosure. The decision impacts how all mortgage lenders in Illinois should pursue personal deficiency judgments....

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