ABAL House-Studio / Benítez González ArquitectosSave this projectSaveABAL House-Studio / Benítez González Arquitectos Photographs Spain CopyHouses•Granada, Spain Photographs: Sonia Benítez González Manufacturers Brands with products used in this architecture project Projects CopyAbout this officeBenítez González ArquitectosOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesGranadaSpainPublished on February 12, 2018Cite: “ABAL House-Studio / Benítez González Arquitectos” [Casa-Estudio ABAL / Benítez González Arquitectos] 12 Feb 2018. ArchDaily. Accessed 11 Jun 2021.
FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this If the Gallup poll is correct, according to the Wall Street Journal and CNN, President Trump currently has a 49 percent approval rating, as of this writing. This matches the highest approval rating he has ever had.Any decent or thinking person must be astounded by this fact.Amazon workers’ strike on March 31.Trump has not only misunderstood COVID-19, he has completely mishandled the coronavirus crisis. His failure to implement critical policies, to rapidly get ventilators and PPE (personal protective equipment) to workers, and to stall on social distancing has resulted in not only dangerous working conditions, but the potential for the death of millions.His latest call for people to return to work by mid-April was putting the lives of millions of workers in harm’s way. Fortunately, other heads prevailed, and the stay-at-home policy stands in place.What clearly guides Trump is not science or concern for the well-being of the masses. It is the bottom line for the capitalist class and his position in government.The COVID-19 pandemic has changed reality as we know it. Nothing will ever be the same.Where the working class goes from here and how it can organize to defend its interests under the cloud of this pandemic, however, remains as critical as ever.That is why understanding the reactionary, white supremacist, right-wing character of the zealots at the helm in the White House is critical.It is important because this health crisis demands that those in power be mightily challenged on how they are handling this epic virus. It is important because workers must once again be reminded, like they were during the Great Depression, that it is we who have the real power in society. It is the working class and the oppressed, and only us, who are the real agents of change.And change is desperately needed because four more years of these zealots is an extreme danger not only to the U.S. working class, but humanity itself.If the predictions that 100,000 to 200,000 people could die from COVID-19 are right, the blood from the deaths of each one of these people is on the hands of the zealots in the White House.Inept Trump, sinister Jared, ominous PenceFrom the beginning of the Trump administration, he has surrounded himself with the most reactionary bureaucrats and right-wing conservatives he could find. From Steve Bannon to Mike Pompeo, it is a veritable who’s who of enemies of the workers and the oppressed.They align with the politics of right-wing billionaires like the Koch brothers who have for a long time developed behind-the-scenes reactionary policies of every kind, including busting unions and public education. In politics, they have made it so that it is donors who have the real power, not elected officials.All these vile creatures in and out of the White House have shared a worldview in common: white supremacy, xenophobia, imperialist domination and complete loyalty to capitalism. They will do anything to maintain their power, including veering to fascism if needed in order to maintain their hold over the system.Yet it is these elements who are steering the course on COVID-19.The coronavirus crisis must be guided by science, not politics. It must be guided by compassion and concern for every individual, not capitalist greed. It must be willing to learn from the Chinese who were able to relatively quickly curtail the pandemic.But that is the opposite of what is happening in Washington.Who does New York Gov. Andrew Cuomo have to call about ventilators for the people of New York?He has to call the “Slumlord Millionaire,” Jared Kushner, the very one who greedily bought rent-stabilized buildings and then terrorized residents until they moved out. His company, Kushner Companies would then “flip” the buildings and sell them for a huge profit. (Mother Jones, March 27)Gentrification of working-class neighborhoods has just about become an existential crisis. Entire communities around the world no longer have access to affordable housing. Jared Kushner is one of those to blame.Does anyone really think he gives a damn about the thousands of Black and Brown people in Elmhurst Hospital in Queens N.Y., who are suffering from the virus?The right-wing of this country is emboldened because they have a zealot in the White House. That is why almost 20,000 vigilantes marched in Virginia earlier this year under the pretext of gun rights. It was really an armed show against the left and the working class. It was a KKK rally in another form.Science mattersDr. Anthony S. Fauci, the director of the National Institute of Allergy and Infectious Diseases, has become someone who is trusted when he speaks about the virus. He seems to know what he is doing and to have concern for human beings.Yet Fauci is now receiving death threats and is the victim of a hostile social media campaign for challenging and appearing to one-ump Trump. (NY Times, March 28)The right-wing is that foolish. They would defy science; they would defy common sense in order to bolster the zealot-in-chief. Many, such as the reactionary pastors in Louisiana, who called on their congregation to come out in defiance of social distancing, thoughtlessly put themselves and their milieu in danger.But science matters. Facts matter. And for Trump to misinform, lie, deceive, inflame puts every single person in danger.A call to armsVice President Pence is one of those who is part of the White House COVID-19 team.Pence is against same sex marriage and a dangerous homophobe who has supported “conversion therapy.” (NY Times, November 2016) He is also a climate change denier. (Climatewire, July 2016)According to the March 3 Guardian, while he was the governor of Indiana he “botched” the response to the biggest public health crisis the state had seen around the HIV crisis.With the exception of Dr. Fauci, the White House COVID-19 team is a veritable who’s who of antiscience, gentrifiers, antigay, anti-abortion, mysoginist white supremacists.Is it any wonder nurses are striking for PPE?There is a great risk that these zealots will take advantage of the COVID-19 pandemic to tighten their hold on the capitalist system and impose policies that can turn back any progress the workers have made.Already, when all attention should be placed on saving humanity, the Trump administration had the top Iranian general killed when he was visiting Iraq and falsely accused the president of Venezuela Nicolás Maduro of drug running. Vox reported on March 25: “The Supreme Court handed down a unanimous decision that bodes ill for the future of civil rights and they have rolled back any slight gains that were made to curtail climate change and the list goes on and on.”It would be no surprise if the Trump administration used the pandemic as an excuse to cancel the presidential elections.And while revolutionary communists rarely believe that the ballot box is a source of fundamental change, the question must be raised: Should the left go all out to get behind a Medicare-for-all president despite what the primaries or the Electoral College say?Bernie Sanders is no Fidel Castro or Hugo Chávez.Fidel and Chávez completely broke with the imperialist system. They were for revolutionary socialism where workers controlled the means of production. That’s not Bernie. He is a soft socialist who still believes that capitalism can somehow be reformed.During the vote for the historic $2.2 trillion emergency relief act, to defend gig workers and other excluded workers, Sanders did threaten to hold up the bill. He called it what it is — a corporate bailout fund.If COVID-19 has upended reality as we know it, then the masses of people can and must upend the political system as we know it and demand a government that will help solve the crisis, not exacerbate it. The pandemic has changed the rules, and it must be the working class who now make the rules.In the meantime, workers do not have to depend on any politician to fight for their right to live. We can look to the Amazon and Whole Food Market workers and the rent strikers, the health care workers, the activists organizing car caravans to prisons to demand #FreeThemAll to let the zealots in the White House know that we will not take this crisis passively or apathetically.In the seeds of this kind of resistance is the future where the coronavirus pandemic became the opening of not a dismal chapter for humanity, but one where the sun shone through to light the way to worldwide revolutionary socialism. read more
News Eugenio Hernández, the former mayor of El Ayote, was found guilty on 26 January of murdering journalist María José Bravo on 9 November 2004 in Juigalpa. He faces up to 30 years in prison. No date for sentencing has yet been set. September 29, 2020 Find out more to go further NicaraguaAmericas News Eugenio Hernández, the former mayor of El Ayote, was convicted at the end of 20-hour trial yesterday of deliberately killing journalist María José Bravo in Juigalpa, 97 km east of Managua, on 9 November 2004.A member of the Constitutionalist Liberal Party (PLC), Hernández was found guilty by Judge Rosa Inés Osorio of “murder with premeditation and perjury with regard to the evidence against him and the testimonies of 18 persons,” state prosecutor Aurora Amador said. La Prensa editor Eduardo Enriquez testified that Bravo had received death threats prior to the murder. Expert witnesses said Hernández shot her with a 38-calibre Astra revolver hidden inside a red bag. He faces a sentence of between 14 and 30 years in prison. No date has been set for sentencing._________________________24.11.2004 – Police and forensic experts clash over killing of María José BravoThe first hearing since journalist María José Bravo’s death was held on 17 November. The autopsy report presented at the hearing said she was killed by a shot to the chest fired at point-blank rage. But the police revised their initial position that the shooting was deliberate, now claiming the shot ricocheted twice before hitting Bravo. The prosecutor said the former mayor would continue to be charged with intentional homicide and that it was up to a judge to decide.—————————————————————–16.11.2004 – Police rule out possibility that shooting of María José Bravo was accidentalThe possibility that the 9 November fatal shooting of journalist María José Bravo might have been accidental has been ruled out by the police since 12 November. The judge in charge of the case, Raquel Montiel, said there was enough evidence to keep the former mayor of El Ayote, Eugenio Hernández González, under arrest.Witnesses allege that just before the shooting, Hernández, a member of the right-wing PLC party, blamed journalists for the right’s defeat in the 7 November municipal elections.———————————————————–10.11.2004 – Journalists shot dead in clashes following municipal electionsReporters Without Borders voiced outrage today at the fatal shooting of reporter María José Bravo as she was covering clashes near a vote-counting centre yesterday in Juigalpa (in Chontales department), 140 km south of Managua, two days after municipal elections were held throughout Nicaragua.”With the exact circumstances of Bravo’s death still unclear, we call for a thorough investigation to establish the source of the shots, including an autopsy and a ballistics report,” the organisation said in a letter to interior minister Julio Vega Pasquier.Bravo, a 26-year-old correspondent for both the Hoy and La Prensa dailies, was hit in the chest by at least one and possibly as many as three shots, sources said. It is still not known why the shots were fired, but it seems she was caught in a clash between supporters of two rival right-wing parties, the Constitutionalist Liberal Party (PLC) and the Alliance for the Republic (Apre). A police spokesperson said Bravo was shot in the heart and was dead on arrival at a hospital.Police arrested three suspects, including the former PLC mayor of El Ayote, Eugenio Hernández, who is alleged to have fired the shots.The results of the municipal elections have been the subject of much contention, with the leftist Sandinista National Liberation Front (FSLN) winning a majority of the municipalities for the first time in 14 years.Bravo is the second journalist to be shot dead this year in Nicaragua. Carlos Guadamuz was gunned down at point-blank range outside the studios of his TV station, Canal 23 de Noticias de Nicaragua (CDNN), on 10 February. The gunman was sentenced to 18 years in prison but his alleged accomplices were acquitted. Previously, no journalist had been killed in Nicaragua for years. RSF_en Receive email alerts Follow the news on Nicaragua January 28, 2005 – Updated on January 20, 2016 Ex-mayor found guilty of deliberately shooting journalist María José Bravo July 29, 2020 Find out more Organisation RSF and PEN urge Nicaraguan legislators to reject “foreign agents” bill News Nearly half of UN member countries have obstructed coronavirus coverage NicaraguaAmericas Gruesome death threats against Nicaraguan exile journalist News Help by sharing this information June 29, 2020 Find out more read more
Facebook Pinterest By Odessa American – February 24, 2021 Retirees on county agendaCounty considers modifying definition Twitter Pinterest WhatsApp Previous articleAdamas Pharmaceuticals Announces Pricing of Follow-on Public OfferingNext articleOAT060219 Dancer 4 Odessa American TAGS WhatsApp Facebook Twitter Local News Ector county logo wide.jpg The Commissioners’ Court will seek clarification on the number of county employees that could be negatively impacted by a previous revision to the retired employee definition. Ector County Commissioners will convene at 10 a.m. Tuesday today in the commissioners’ courtroom, Room 120, located in the Ector County Administration building annex, 1010 E. Eighth St. Commissioners previously approved raising the minimum number of years of service for a retiring county employee from eight years to 12 years of service with Ector County to qualify for retiree insurance benefits, effective Jan. 1. Ector County Human Resources Director Pat Patton said the revision did not impact those who were already retired or employees hired after Oct. 1, 2015. “Back in 2015, the Court took action and said any employee hired after Oct. 1, 2015, would not be allowed to have county insurance benefits upon retirement, so they’ve limited the number of people going forward that could qualify for insurance anyway,” Patton said. “This just affects those that were hired prior to Oct. 1 of 2015.” Precinct 3 Commissioner Dale Childers had the item placed on the Court’s agenda in February after he discovered several employees were approaching retirement. “We yanked the carpet out from under them and I just don’t think it’s right,” Childers said. A decision was tabled until more information could be gathered about the possible consequences from the revision made to reduce costs for the county. There are about 225 county employees with eight years of service with the county and about 113 people with 12 years of service as of December 2018. Patton said some employees may have been looking forward to retiring with just eight years with the county. “They weren’t wanting to work four more years,” she said. “If they are allowed to retire within the next two years until Jan. 1, 2021, that might satisfy their concern and it wouldn’t require them to continue on beyond that.” Commissioners will revisit criteria for county employees hired before 2015 during their regularly scheduled meeting. IN OTHER BUSINESS, COMMISSIONERS WILL CONSIDER:Approving a resolution declaring May 12, 2019 through May 18, 2019 as National Police Week and May 15 as Peace Officer’s Memorial Day in Ector County.Authorizing Memorial Day firework sales from May 22, 2019 through midnight May 27, 2019.Taking action regarding a request from Downtown Odessa, Inc. to use the Ector County Courthouse lawn for a Children’s Area for the annual Firecracker Fandango festival on July 4, 2019.Approving the purchase of a two-year-old, dual purpose K-9 from K-9 services in Albuquerque, NM.Accepting the donation of a piano from Donna Greaves for the Ector County South Side Senior Center.Approving the Ector County Library Summer Reading program for 2019.Approving a collaboration effort between Texas Tech University Health Science Center – Permian Basin and Ector County Health Department to provide sexually transmitted disease education, testing and treatment.Authorizing the acceptance of insurance proceeds from Travelers – St. Paul and Marine in the amount of $26,169.63 per Total Loss Declaration by Travelers of Unit No. 1070 Sheriff’s Office Vehicle.Taking action to provide direction to payroll with regard to the starting date for salary adjustment to two County Extension Agents based on Interlocal Agreement between Ector and Midland Counties approved February 12, 2019.The closure of Coliseum Drive to accommodate needed storage for the construction of the Coliseum Horse Stall Barn and allow for future expansion of the complex.Allowing the building maintenance director and coliseum director to expend contingency money allocated in the Coliseum Horse Stall Barn Project as needed to prevent construction delays and report back to the court at the next Commissioners’ Court meeting immediately following any contingency expenditures.Taking action regarding a request from the Plains All American Pipeline to close a section of West Hillmont Road (from Sprague Road to Mary Francis Avenue) for final soil remediation due to previously released crude oil, and for the restoration and pavement of the said section of the road in accordance with Ector County Standards.Approving a request from the Nexius Solutions to temporary close a section of 64th Street (from Moss Avenue to Mundy Drive) for the installation of a mount on the cell phone tower, located approximately 577 feet west of Moss Avenue.Taking action on declaring as surplus, the disposition, and the donation of two truck beds to Medical Center Hospital Health Systems (MCHHS), and to accept the donation of two medical room exam tables from MCHHS.Approving the following bid specification: Highways & Streets – Metal Shed Covers for Equipment.Awarding the purchase of computers and monitors.Approving the AIA Change Order No. 16 for the Jail Additions and Renovations Project.Approving the Inter-Local Government Agreement between the City of Odessa and Ector County for M-Core Radio Communication System.Approving a Claims Audit Service Agreement with J. Graham, Inc.Terminating the contract with Reece Albert, Inc. for the 56th Street project.Declaring an emergency to hire a County Extension Agent that will be shared between Midland and Ector County.Hiring a Legal Secretary at a Step 6 due to experience.Approving Proposed MHRC Mares Group RV Park at 15405 S. Mares St., Odessa, Texas, 79766 Ector County.Approving Ocean Front Property Odessa MHRC on West Murphy Street, Ector County, Texas.Approving MHRC Development to serve 536 E. Blue Diamond Street 5.0520 acre lot located in Nolan Acres Subdivision, Block 13, Lots 29-32, Ector County, Texas.Approving Replat of 4.00 acres of Lot 1, Block 14, Nolan Acres, Ector County, Texas.Approving MHRC Fugit RV Park at 5306 N. Washington Ave., Odessa, Ector County, Texas.Approving MHRC to serve Lot 1, Block 1, Tres Cruces Subdivision being a Replat of Lot 13 less than .4I4 acres, Block 28, Gardendale Subdivision 2nd Filing in Section 12, Block 42, T-1-S, T&P RY. CO. Survey, Ector County, Texas.Approving Swinney RV Park MHRC development to serve 16117 S. Golden Ave., Ector County, Texas.Approving a line item transfer to General Fund, Non Departmental Other, Other General Expense, 001-950-5402 from Retirement, 001-950-5123 in the amount of $907.Approving a line item transfer to General Fund, Court at Law No. 1, Professional Dues and Fees, 001-140-5302 from General Fund, Court at Law No. 1, Telephone, 001-150-5351 for $70.Approving a line item transfer from 001-023-5161, Educational Travel to 001-022-5161, Educational Travel in the amount of $400.Approving a line item transfer to FMLR Fund, Road Maintenance Department, Improvements and Construction, 002-810-5509, in the amount of $700,000 from FMLR Fund, Road Maintenance Department, Road Maintenance, 002-810 -5241 in the amount of $700,000.Approving a budget amendment to Coliseum Fund, Contract Services, 041-860-5309 and to Coliseum Fund, Hotel/Motel Tax, 041-4005 for $30,000.Approving a budget amendment to General Fund, Jail Medical, Drugs and Medical Expense, 001-421-5182 and to General Fund, Inmate Medical Fees, 001-4165 for $800,000.Approving a budget amendment to Coliseum Fund, Building Materials, 041-860-5241 and to Coliseum Fund, Insurance Proceeds, 041-4172 for $13,201.Approving the Accounts Payable Fund Requirements Report. read more
Related Articles Data Provider Black Knight to Acquire Top of Mind 2 days ago 2020-06-10 Seth Welborn Marcos Posada is the Managing Partner for McCalla Raymer Leibert Pierce, LLC’s Illinois Litigation Practice Group. Posada manages the retention of Illinois litigation matters and works to represent our clients as Litigation Counsel for outside matters. In addition to having daily oversight over the firm’s entire portfolio of litigated matters, Posada is directly involved in the firm’s Appellate cases, successfully obtaining decisions favoring his clients in nearly every case. Marcos is an alum of Northern Illinois University School of Law. He was a 2019 ALFN JPEG Award Winner and participates in the Legal League 100, the Complex Litigation Practice Group of the American Legal and Financial Network, Co-Chair; and the USFN, Diversity and Inclusion Committee Member. The Week Ahead: Nearing the Forbearance Exit 2 days ago Previous: Addressing the Widening Housing Gap Next: DS5: COVID-19’s Impact on Foreclosure Volumes Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Print This Post The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Preparing for the Future of Foreclosure Litigation Subscribe Brian Merfeld is a Partner with McCalla Raymer Leibert Pierce, LLC. Merfeld specializes in foreclosure related litigation, association issues, and federal matters. He represents lenders as both a plaintiff’s attorney and a defense attorney, with litigation experience in chancery actions, law division cases and evictions. Mr. Merfeld’s expertise extends to both state and federal court, at trial and appellate court levels. Merfeld attended DePaul University, College of Law. June 10, 2020 9,754 Views Home / Commentary / Preparing for the Future of Foreclosure Litigation Sign up for DS News Daily Share Save About Author: Brian Merfeld Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago in Commentary, Daily Dose, Featured, News The Best Markets For Residential Property Investors 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Demand Propels Home Prices Upward 2 days ago About Author: Marcos Posada With foreclosure moratoria impacting large portfolios of loans, significant increases in forbearances and other types of loss mitigation efforts combined with court closures, being able to prepare for the future of foreclosure litigation is a challenging yet important task. In doing this analysis from a litigation perspective, there are several areas that practitioners and their clients need to consider as their cases are impacted. Servicers and investors alike must be aware that their ability to file a foreclosure based upon the same default in Illinois is limited to two opportunities (one original and one re-filing) because of the single re-filing rule.On occasion a lender may need to voluntarily dismiss (or “non-suit”) a foreclosure action, to “restart it.” This could be because a notice of acceleration was deemed non-compliant with the terms of the mortgage, the failure to comply with the HUD “face-to-face” regulation, or any number of other reasons. Before authorizing the voluntary dismissal of the foreclosure action, it is important to consider whether a new foreclosure action will be filed after the dismissal and whether there was a prior cause of action filed upon the same default.The Illinois Supreme Court’s decision in First Midwest Bank v. Cobo, 2018 IL 123038 (opinion filed on November 29, 2018), addressed the ability of a lender to file a second, but not third, action relative to enforcement of an unpaid loan.First, the court explained the genesis of Illinois’ single re-filing rule, which is derived from Section 13-217 of the Illinois Code of Civil Procedure, which states:the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, *** the plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the remaining period of limitation, whichever is greater, after *** the action is voluntarily dismissed by the plaintiff. 735 ILCS 5/13-217 (West 1994).The Supreme Court stated that this statute was held to permit “one, and only one, refiling of claim,” in its prior decision, Flesner v. Youngs Development Co., 145 Ill.2d 252 at 254 (1991).Continuing, the Court explained that whether two complaints state the same claim for the purpose of the refiling rule does not depend upon how the Plaintiff labels the complaint, but instead uses the same analysis as used in determining whether res judicata would attach, which is the “transactional test.”The transactional test, which was adopted by the Illinois Supreme Court in River Park, Inc. v. City of Highland Park, 184 Ill.2d 290, 311 (1998):treats separate claims as the same cause of action “if they arise from a single group of operative facts.” Courts should approach this inquiry “‘pragmatically, giving weight to such considerations as whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties’ expectations or business understanding or usage.'”The factual issues which gave rise to the refiling issue involved a mortgage executed on November 20, 2006, in favor of Waukegan Savings and Loan, which fell into default by July 2011. Waukegan Savings and Loan caused a foreclosure action to be filed in December 2011, which alleged that Cobo failed to make payments since July 1, 2011. First Midwest subsequently acquired its interest in the note and mortgage from Waukegan Savings and Loan and it caused the 2011 foreclosure action to be dismissed on April 6, 2013. Ten days later First Midwest filed a breach of the promissory note action (“suit on note”) alleging a default for payments due since July 1, 2011. Prior to trial on the suit on note case, First Midwest caused the case to be dismissed on April 3, 2015. On July 30, 2015, First Midwest filed a suit against Cobo alleging breach of a promissory note and unjust enrichment, which also alleged the same default date of July 1, 2011.Applying the transactional test to the facts presented, the Illinois Supreme Court, held that all three of the cases, the 2011 foreclosure, the 2013 suit on the note, and the 2015 two count complaint asserting breach of a promissory note and unjust enrichment all arose out of the same group of operative facts. Each of the complaints alleged that Cobo was personally liable for same principal balance of $214,079.06, all sought a deficiency balance under the same note for the same default date.The court rejected First Midwest’s contention that two distinct proceedings, a foreclosure action and a suit on note, cannot assert the same cause of action, finding that the transactional test treats two claims as identical “if they arise from a single group of operative facts, regardless of whether they assert different theories of relief.” First Midwest argued that it would be unfair to lenders to use a transactional test because the foreclosure statutory form complaint requires a plaintiff to allege certain facts that could be used against it if decided to file a complaint based upon a different legal theory, such as breach of promissory note. The Court held this was not a compelling objection.The court further explained that a plaintiff may pursue remedies under a mortgage and a note either consecutively or concurrently.Interestingly, the court held that a plaintiff seeking to foreclose upon a mortgage may not put a note at issue under the transactional test, despite conceding the interrelatedness of the documents, if a foreclosure plaintiff does not seek to adjudicate the parties’ rights under the note. That said, a lender should be wary of this portion of the holding because the statutory form complaint utilized in foreclosure proceedings in Illinois typically includes a request for an adjudication of a deficiency judgment, if sought, and this reservation of the right to pursue a personal judgment is a claim for relief under the note. Thus, if the lender wants to preserve the right to file a suit on note later it should include instruction in a referral to remove the request for a personal deficiency from the foreclosure complaint.The Court provided two examples as to claims that would not constitute a refiling of a prior action, claims against a guarantor, or for breach of a loan modification. This only works if these claims were not alleged in the first complaint. Unfortunately, the Court did not provide much guidance beyond the above with respect to determining what constitutes distinct operative facts in order to avoid an impermissible third filing. That said, in the event a second filing may require dismissal, it may be necessary to negotiate a loan modification agreement, to avoid an absolute bar to recovery. This is because a loan modification is a distinct transaction and thus constitutes new set of operative facts in the event a new default.With so many difficult challenges we are dealing with today, foreclosure practitioners must be aware of the procedural history of their case to avoid taking action which may place their client’s ability to recover in jeopardy. While it is a relatively quick process to request Counsel dismiss an action, both Counsel and their client must closely consider all the ramifications behind doing so in order to not run afoul of the single refiling rule in Illinois. read more
Newsx Adverts Council test Letterkenny sewerage system for possible polutent By News Highland – September 5, 2011 Google+ Twitter Pinterest Facebook 365 additional cases of Covid-19 in Republic Google+ Previous articleSoccer – Harps hold Monaghan to a nil all draw.Next articleSoccer – Derry drop to 2nd after Sligo draw News Highland Gardai continue to investigate Kilmacrennan fire Donegal County Council has sent samples taken from the new sewerage scheme to see if they are by-products of fuel laundering.Construction of the sewerage scheme is underway, however the main contractor has brought to the council’s attention the discovery of a small amount of what could be the waste from fuel laundering.Officials say however that given the small quantity of the fuel found, it could possibly have come from another source such as a residential home heating oil tank.The council is awaiting the results of the samples before deciding what action to take. WhatsApp WhatsApp RELATED ARTICLESMORE FROM AUTHOR Pinterest Main Evening News, Sport and Obituaries Tuesday May 25th 75 positive cases of Covid confirmed in North Man arrested on suspicion of drugs and criminal property offences in Derry Further drop in people receiving PUP in Donegal Facebook Twitter read more