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Posts published in “Litigation”

Illinois App. Court (1st Dist) Rejects Appraiser’s Claim Against Lender for De-Listing Him and Notifying AMCs

The Court of Appeals of the State of Illinois, First District, recently affirmed a summary judgment ruling in favor of a mortgage lender on an appraiser’s claims of intentional interference with a business relationship arising from the lender barring the appraiser from working on its loans and notifying various appraisal management companies of this decision.

Illinois Supreme Court Holds Homeowner’s Insurer Could Not Reduce Loss Reimbursements by Depreciating Cost of Labor

The Supreme Court of Illinois recently held that a homeowner’s insurance company could not deduct depreciation from reimbursements for labor costs from the actual cash value of a covered loss, because the policy at issue did not specifically and unambiguously allow the practice.

SCOTUS Ruling Effectively Ends CDC’s Eviction Moratorium

In a per curiam opinion, the Supreme Court of the United States recently held that the Director of the Centers for Disease Control and Prevention (CDC) exceeded its authority when it "imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and who make certain declarations of financial need."

3rd Cir. Upholds Challenge to Securitization Trusts’ Appointment of Additional Servicer

The U.S. Court of Appeals for the Third Circuit recently held that six Delaware asset securitization trusts could appoint an additional servicer to collect loans in default, but violated the trust documents by transferring to the beneficial owners powers reserved for the trustee.