APPELLATE DECISIONS & ARGUMENTS

NOVEMBER 29, 2018

On November 29, 2018, Arthur C. Czaja secured a very important victory in the Illinois Supreme Court for his clients, Andres Cobo and Amy Rule, in the First Midwest Bank v. Cobo case.  Arthur argued the case in Springfield, Illinois before the seven Justices of the Illinois Supreme Court on September 18, 2018.  Seven years of litigation finally came to an end when the Illinois Supreme Court announced its decision on November 29, 2018. 


 A copy of the Supreme Court's decision can be viewed online at: http://illinoiscourts.gov/Opinions/SupremeCourt/2018/123038.pdf


This decision finally terminated the litigation between the parties.   Arthur successfully argued that the bank's third lawsuit, and second refiling, was barred by the single refiling rule provided for in Section 13-217 of the Code of Civil Procedure.


Arthur would like to thank all of his family, friends and colleagues for their support and help in preparing for the case.   Arthur would also like to personally thank attorneys James DiChristofano, Daniel Khwaja, Lloyd Brooks, Stanley Czaja, Alfred Dynia, Stephen Saporta, David Gripman, Stephanie Arsenty, Jonathan Bailey and Rade Radjenovich and for their patience, wisdom, courage and assistance in helping him throughout this case.


Arthur has dedicated his efforts in this case to not only his clients Andres Cobo and Amy Rule who he has been deeply honored to represent, but also to his late father and mentor,  attorney Stanley C. Czaja, whose efforts were instrumental in securing this victory.  Stanley C. Czaja assisted Arthur in every step of this case.  Springfield, Illinois was a very special place for Arthur and his father.  Stanley C. Czaja passed away on May 2, 2018, a few short months before this case was argued and decided.

SEPTEMBER 18, 2018

On September 18, 2018, Arthur C. Czaja traveled to Springfield, Illinois to argue a case before the Illinois Supreme Court.  This was a monumental event, something most lawyers will never have the privilege of experiencing in their entire career.  The audio and video can be found on the Illinois Supreme Court's website at 


http://illinoiscourts.gov/Media/On_Demand.asp


 The case is Docket No. 123038 - First Midwest Bank v. Cobo.

NOVEMBER 6, 2017

Arthur C. Czaja secured a very important victory for his clients in the First District Appellate Court for the State of Illinois in First Midwest Bank v. Cobo, 2017 IL App (1st) 170872. In this case the Appellate Court found that the bank could not file three lawsuits seeking to collect money due on the same promissory note. The case started as a mortgage foreclosure case, which the bank voluntarily dismissed in 2013. Shortly after, the bank filed a lawsuit to collect on the promissory note that was secured by the mortgage. On the day of trial in the second lawsuit, the bank voluntarily dismissed. Then, the bank filed a third lawsuit against the defendants seeking to collect the same promissory note at issue in the mortgage foreclosure action and the lawsuit on the note. Arthur C. Czaja litigated this case from the very beginning and represented the defendants in all 3 cases. Arthur C. Czaja also handled the entire case throughout the appeal process. Arthur was able to secure a very important decision for his clients from the Appellate Court. The Appellate Court reversed the trial court’s grant of summary judgment in favor of the Plaintiff (lender) and dismissed the Complaint. A copy of the opinion can be viewed online on the Illinois Appellate Court’s website at: http://www.illinoiscourts.gov/Opinions/AppellateCourt/2017/1stDistrict/1170872.pdf  

OCTOBER 11, 2017

Arthur C. Czaja, working with his co-counsel Daniel L. Kaufman, obtained a favorable Appellate Court decision from the First District Appellate Court for the State of Illinois for his client, the Andersonville South Condominium Association. In this case, the Appellate Court found that Fannie Mae failed to confirm the extinguishment of the lien for unpaid condominium association assessments by failing to promptly pay the condominium association Fannie Mae’s share of the condominium assessments that came due after the foreclosure case was concluded. A copy of the opinion can be viewed online on the Illinois Appellate Court’s website at: http://illinoiscourts.gov/Opinions/AppellateCourt/2017/1stDistrict/1161875.pdf     

AUGUST 14, 2015

Arthur C. Czaja was able to secure a very important victory for his client-homeowner in a mortgage foreclosure case in the First District Appellate Court for the State of Illinois in Banco Popular North America v. Gizynski, 2015 IL App (1st) 142871, 39 N.E.3d 205. In this case, Arthur C. Czaja successfully appealed and overturned the trial court’s order of summary judgment in favor the bank and was ultimately able to get this mortgage foreclosure case dismissed by the trial court based on the failure of the bank to give the homeowner a Grace Period Notice as required by Section 15-1502.5 of the Illinois Mortgage Foreclosure Law. A copy of the opinion can be viewed online at: https://cases.justia.com/illinois/court-of-appeals-first-appellate-district/2015-1-14-2871.pdf?ts=1439586422