APPELLATE DECISIONS

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