Foreclosure – Failure to State Claim

By: Derek Hawkins//August 14, 2018//

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7^th Circuit Court of Appeals

Case Name: Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al.

Case No.: 16-3131

Officials: BAUER, MANION, and HAMILTON, Circuit Judges

Focus: Foreclosure – Failure to State Claim

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising affirmative defenses and counterclaims in the still-pending foreclosure action. This appeal arises in the owners’ third federal lawsuit, in which they have alleged unconstitutional takings, fraud, and derivative claims for conspiracy and aiding and abetting. The district court dismissed the suit for failure to state a claim. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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