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Eviction and Foreclosure Moratoriums Extended to August 31, 2020 for Federally-Backed Mortgages

By: Alexander E. Porter on June 17, 2020

On June 16, 2020, the Federal Housing Finance Agency (“FHFA”) announced that government-sponsored entities Fannie Mae and Freddie Mac will extend their single-family moratoriums on evictions and foreclosures until at least August 31, 2020.[1] This extends the previously-issued moratoriums, which…

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Changes are Coming to the Indiana Consumer Credit Code - Are you Ready?

By: Brett J. Ashton on June 15, 2020

Earlier this year the Indiana General Assembly passed, and Indiana Governor Eric Holcomb signed into law, Senate Enrolled Act 395 (“SEA 395”) amending several provisions of the Indiana Uniform Consumer Credit Code (the “IUCCC” or the "Code”). For some financial institutions the impact of these…

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TILA and the Right of Rescission: Illinois Adopts One-Year Limitation Period

By: Alexander E. Porter on June 10, 2020

The Illinois Court of Appeals recently joined the growing list of courts choosing to impose a one (1) year limitations period to enforce rights of rescission under the federal Truth in Lending Act, 15 U.S.C. §§ 1601, et seq. (“TILA”).[1] TILA requires originating lenders in particular consumer…

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A Hospital's Bankruptcy Filing Dramatically Changes the Equation for Medical Providers

By: C. Daniel Motsinger and Kay Dee Baird on June 8, 2020

“My hospital filed bankruptcy - now what do I do?” This question frequently confronts affected medical providers when faced with the strange and often bewildering new world ushered-in by a hospital bankruptcy. A recent Washington Post article noted that due to the COVID-19 pandemic, “the…

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Indiana Supreme Court Extends Partial Protection of CARES Act Recovery Rebates

By: C. Daniel Motsinger on May 31, 2020

As noted in a prior Alert, in its order issued April 20, 2020, the Indiana Supreme Court exercised its emergency rule-making authority to order that all Indiana trial courts “shall issue no new orders placing a hold on, attaching, or garnishing funds in a judgment-debtor’s account in a depository…

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Commercial Collection Issues in a COVID-19 Economy

May 10, 2020

The daily news reminds us of the growing grim economic toll wrought by the COVID-19 pandemic. As discussed in some of our prior Alerts, federal, state and local governments have adopted various measures to moderate some of these effects, including offering stimulus payments and loans, and…

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Preparing for the (Likely) Coming Wave of Bankruptcies

By: C. Daniel Motsinger on May 4, 2020

As the economic fallout from the COVID-19 pandemic continues to rise – for example, J. Crew recently filed bankruptcy, and the financial press is predicting that Neiman Marcus may also file for relief this week – it seems prudent for secured lenders to consider what steps they can take to prepare…

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Illinois Eviction Moratorium: Relief Extended to Non-Residential Tenants

By: Alexander E. Porter on April 28, 2020

On April 23, 2020, Illinois Governor J.B. Pritzker signed Executive Order 2020-30 (“Order”), which, among other things, extended relief previously provided by Executive Order 2020-10 prohibiting law enforcement from enforcing eviction orders for residential properties, and broadened this relief to…

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COVID-19 and Supplemental Proceedings: Illinois Supreme Court Provides Guidance

By: Alexander E. Porter on April 28, 2020

On April 24, 2020, the Supreme Court of Illinois issued an emergency order (“Order”) concerning post-judgment proceedings against consumers. [1] The Order was entered to complement Governor J.B. Pritzker’s Executive Order 2020-25, which suspended the service of wage garnishment and deduction…

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COVID-19 and the Mortgage Industry: Embracing the Virus on the Legislative and Regulatory Front

By: Alexander E. Porter on April 26, 2020

The Coronavirus Aid, Relief and Economic Security Act, S. 3548 (“CARES Act”), was signed by the President on March 27, 2020. Grappling with the wide array of industries impacted by the CARES Act, and COVID-19, can be overwhelming. This holds true particularly for anyone in a consumer-facing…

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Indiana Supreme Court Orders Partial Protection of CARES Act Recovery Rebates Payments

By: C. Daniel Motsinger on April 20, 2020

In a procedurally-unusual order issued April 20, 2020, the Indiana Supreme Court exercised its emergency rule-making authority to order that all Indiana trial courts “shall issue no new orders placing a hold on, attaching, or garnishing funds in a judgment-debtor’s account in a depository…

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Federal Reserve Announces the Main Street Lending Program

By: and Julia A. Carpenter on April 16, 2020

On April 9, 2020, the Board of Governors of the Federal Reserve Bank (the “Fed”) announced preliminary details of two new loan programs that have aggregate funding of $600 billion, offered as part of the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"). They are called the Main…

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