In the Matter of Wheaton Oaks Office Partners Limited Partnership, Debtor-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• deeming issue waived where party “failed to develop any 28 argument”
• “Illinois adheres to the general rule that rents are an incident of possession.”
• assignment-of-rents provisions allow creditors to reach the rents prior to completion of foreclosure proceedings and prevent a mortgagor from collecting rents after default and not making payments under the mortgage agreement
• assignment-of-rents provisions allow creditors to reach the rents prior to completion of foreclosure proceedings and prevent a mortgagor from collecting rents after default and not making payments under the mortgage agreement
• it is state law that controls creation and perfection of interests in property
• an assignment of rents creates a lien upon the rents of the property “that may be enforced upon default by taking affirmative steps to acquire possession of the land by the mortgagee or a receiver appointed on the mortgagee’s behalf” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).