News

Illinois Supreme Court M.R. 31228

With little announcement, on March 25, 2022, the Illinois Supreme Court entered Order M.R. 31228, setting time standards for case closures (i.e., the time to fully resolve a case) in all cases in the Illinois trial courts. See attached Order. The time standards represent the time during which the court exercises control over and is accountable for the progress and timely closure of a case. "Implementing time standards establishes a statewide expectation for judges, litigants, and attorneys. These time standards require each court to evaluate its actual performance compared to a statewide expectation." Order M.R. 31228. These guidelines became effective July 1, 2022, and the Illinois Supreme Court established these guidelines for all cases and all judges across Illinois with minimal guidance, giving each individual judge the freedom to craft their own plan, which we have seen at least one foreclosure judge in Cook County implement.

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Chief Operating Officer, Kathleen Kramer, elected as the ALFN JPEG Vice-Chair

[CHICAGO, IL, Tuesday, August 30, 2022] Kluever Law Group, LLC, a financial services industry law firm, announces that the Chief Operating Officer, Kathleen Kramer, has been elected as the American Legal and Financial Network (ALFN) Junior Professionals and Executive Group's (JPEG) Vice-Chair for the 2022-2023 term. JPEG focuses on career and business development and discusses issues including networking, marketing, practice area resources, public speaking, and professional growth. Kathleen's talent and incredible drive makes her a critical member of the KLG team, and we are excited to see her continue to grow.

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The Illinois Single Refiling Rule and the Pending Appeal in US. Bank Trust National Association v. Yoshimoto Naka, et al.,

The Illinois single refiling rule came back into vogue in 2018 with the ruling in First Midwest Bank v. Cobo, 2018 IL 1230038, where the Illinois Supreme Court held that where two prior actions involving the same note and mortgage are dismissed and the default date has not changed, it results in the secured lender's eventual loss of the benefit of its security if a third attempt to foreclose on those documents is made. The Cobo decision highlights an important consideration for entities involved in consumer lending and mortgage servicing: the fact that the single refiling rule only provides "two bites at the apple."

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