Scott Mueller, Keegan Shea Address Post-Confirmation Foreclosure Claims in ABA Article

03.11.2021

Partner Scott Mueller and attorney Keegan Shea recently published an article for the American Bar Association discussing a recent ruling from Illinois' First Circuit Appellate Court that harmonized previous decisions from Illinois appellate courts and rejected the availability of fraud for post-foreclosure confirmation pursuit.

Mueller stated that "though it may appear substantively counterintuitive—the reverse mortgagee was able to foreclose on a property, truly in fact, occupied by the dead mortgagor’s spouse—the First District’s opinion was doctrinally correct."

Scott is a real estate and lending litigator with significant first-chair experience in bench and jury trials. He represents lenders, servicers, home owners, title insurance agents and underwriters on a wide spectrum of issues surrounding property ownership and real estate secured lending. These matters often involve fraud, dishonesty, defalcation, mistakes and technical errors that prevent an intended real estate transaction from coming to fruition. He has handled thousands of real estate cases and title insurance claims with a track record of success.

Keegan has represented clients in litigation involving property ownership and real estate secured lending, product liability, commercial disputes, eminent domain, health insurance, vexatious refusal to pay life insurance proceeds, chemical exposure, and bankruptcy avoidance actions. He uses his diverse litigation skills to dissect legal issues and produce efficient client results.