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Coronavirus and Illinois Courts – Meeting Your Needs in Challenging Times

At Kluever & Platt, LLC, we are dedicated to meeting your legal needs with minimal interruption in service during this unprecedented time. To that end, we are committed to both keeping you informed and maintaining the superior level of service you have come to expect from our Firm. We have plans and procedures in place to ensure that we can and will continue to deliver the highest level of quality service during this unique time. As the situation has evolved, we have increased the number of employees working remotely and shifted our team meetings to being handled virtually. If required, we have the ability to have all employees and attorneys work remotely while fully meeting our clients' needs and expectations. Rest assured that while we are focused on the health and safety of our professionals and those around us, we remain focused on delivering quality legal service to our clients.

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Illinois Appellate Court Holds that Substantial Compliance with Rule 113(c) will Suffice for Affidavits filed in Support of Judgment

Kluever & Platt recently obtained yet another significant victory for foreclosure plaintiffs in Illinois, this time concerning the form of affidavits used when moving for judgment in foreclosure cases. In the first substantive ruling on the issue, the court in U.S. Bank Nat'l Ass'n v. Khatuna Gagua, 2020 IL App (1st) 190454, addressed the issue of whether a foreclosure judgment affidavit was in "substantial compliance" with Illinois Supreme Court Rule 113(c).

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Without Proof of Delivery, a Demand Letter Sent via Certified Mail Fails to Constitute Sufficient Notice under Most Mortgages

A recent Illinois appellate court decision reiterates that when accelerating the amounts owed on a past-due debt, the method for sending the demand letter sent must strictly comply with the terms of the loan documents. Following its holding in Cathay Bank v. Accetturo, 2016 IL App (1st) 152783, the appellate court in Deutsche Bank National Trust Company v. Roongseang, 2019 IL App (1st) 180948 held that the mortgagee failed to send a demand letter to the borrowers in accordance with the terms of the mortgage.

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