Defendant misused IRS form as debt defense

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 17, 2023 11:05 AM

William Borja thought he had a solid defense against revival of a $247,475 deficiency judgment in a mortgage case based on statements made by U.S. Bank on Form 1099-A, the Internal Revenue Service information return he received from the bank after a judicial sale.Affirming an order that revived the judgment, the Illinois Appellate Court explained that his arguments were based on a “fundamental misunderstanding” of the tax form. CIRAS LLC v. Borja, 2023 IL App (1st) 221212-U (Oct. 24, 2023).U.S. Bank foreclosed on the Borja …

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