Greater Chicago Area Appeals Attorneys
A Full-Service Firm Dedicated to Protecting Your Rights
At Consumer Legal Group, P.C., we have significant results in appellate
courts for both
foreclosure cases as well as other
consumer rights cases. Our attorneys have 45 years of combined experience representing clients
in both state and federal courts, and we always provide well-rounded service
to help you achieve the results you deserve.
Attorney Lloyd J. Brooks has a number of impressive appellate work. Read
more about some of his cases below or call our firm today at 708.279.4191 to
schedule a consultation.
Significant Published Decisions
From representing clients against big banks and property owners to protecting
clients against mortgage companies to help save their homes, Consumer
Legal Group, P.C.’s appellate work has become a trusted partner
for many individuals.
Our major cases include:
Deutsche Bank Nat’l Trust Co. v. Gilbert, 2012 IL App(2d) 120164 (2012) – Attorney Lloyd Brooks represented the borrower in a mortgage foreclosure
action where Deutsche Bank claimed to be an assignee of the loan. During
the litigation Deutsche Bank provided a copy of an assignment dated after
the filing of the case. Lloyd offered the defense that Deutsche Bank did
not have standing to foreclose. Initially, the court granted Deutsche
Bank a foreclosure but Lloyd filed an appeal to the Illinois Appellate
Court, which agreed with Lloyd that the post-dated assignment evidence
Deutsche Bank did not have standing. The appellate court then dismissed
the foreclosure case. This appears to be the first decision in Illinois
where a reviewing court has held that a mortgage foreclosure action is
subject to dismissal if the plaintiff has failed to obtain an assignment
prior to filing of its foreclosure action.
Davis, et al. v. Dyson, et al., 387 Ill. App. 3d 676 (1st Dist. 2008) - Lloyd represented a group of condominium owners where a board of managers
mismanaged the association, including failing to supervise the on-site
property manager who stole in excess of $500,000 from the association's
checking accounts. The complaint sought relief against the ten members
of the board in a derivative action on behalf of the association and on
a class action basis, where all owners of condominiums were members of
the class. On appeal, the appellate court reversed finding that the condominium
owners were allowed to bring a derivative action on behalf of the association.
Central Mortgage Co. v. Bush, 2014 IL App(3d) 121041-U - Lloyd represented a borrower in a mortgage foreclosure action in Will
County, Illinois. The homeowner sought to cancel his home mortgages under
the federal Truth In Lending Act. However, the court refused to allow
the borrower to file his case against the mortgage company. On appeal
the appellate court reversed finding that the trial judge abused his discretion
and required the trial judge to permit the homeowner to file his claim
seeking to cancel the loans.
Deutsche Bank v. Hall-Pilate, et al., 2011 IL App(1st) 102632 - Lloyd represented homeowners in a mortgage foreclosure action who were
never served with a summons. Prior to retaining Lloyd's services the
clients were represented by another attorney who never contested that
the homeowners were not properly served. The trial judge found that the
homeowner's waived any right to object as a result of the prior attorney's
actions. On appeal, Lloyd vehemently argued that a party's failure
to object to service of a summons cannot waive their objection to orders
entered before the homeowner appeared in court. Lloyd's position in
this case was recently vindicated by the Illinois Supreme Court, which
ruled that a homeowner may continue to contest jurisdiction even after
appearing in a case.
Do You Need Help with Your Appeal?
The appeals process can be complicated. When you need assistance, it is
important that you count on the knowledgeable attorneys from Consumer
Legal Group, P.C. Trust our reputation to help you seek the resolution
that you may deserve.
Contact our Greater Chicago Area appeals attorney today at our Matteson office.