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Widow Accuses Mortgage Company Of Improper Estate Claim Filing

COOK COUNTY RECORD

Thursday, November 21, 2024

Widow Accuses Mortgage Company Of Improper Estate Claim Filing

State Court
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The legal battle over the estate of a deceased man has taken a significant turn as an appellate court ruled in favor of his widow, overturning a previous decision. On September 12, 2024, the Appellate Court of Illinois’ First Judicial District delivered its judgment on the case filed by Amos Financial, LLC against the estate of Luis Rossi.

Amos Financial, LLC initiated the complaint on December 20, 2021, in the Circuit Court of Cook County. The financial firm sought to recover unpaid mortgage dues from Rossi’s estate following his death on December 26, 2019. The case revolves around whether Amos Financial's claim was timely and properly filed against the estate.

Luis Rossi had executed a last will and testament in 2014 and established a revocable living trust later that year. Upon his death in December 2019, Amos Financial sent a bill to Rossi’s trust for mortgage payments related to his condominium. Wilfredo R. Miranda Jr., nominated executor in a codicil to Rossi’s will and trustee of his revocable trust, made a partial payment towards this bill in May 2021.

However, complications arose when Amos Financial sent a letter on September 3, 2021, claiming unpaid mortgage dues against Rossi’s trust but not explicitly addressing it to any representative of the estate. On January 9, 2023, Alma Chavez Rossi filed a motion to dismiss Amos Financial's claim on grounds that it was barred due to not being presented within two years of her husband's death.

The trial court initially denied Ms. Rossi's motion and partially allowed Amos Financial's claim as valid from May 2021. Ms. Rossi appealed this decision arguing that Amos Financial did not file its claim properly or timely against the estate but rather against the trust.

The appellate court agreed with Ms. Rossi's arguments stating that "Amos Financial did not file a proper claim against the estate." The court emphasized that according to Illinois law, claims must be clearly presented either directly to the estate or its administrator within two years after decedent’s death. Since no probate estate was opened until much later and Mr. Miranda was never officially appointed as an executor by any court at that time, he could not bind the estate with any payments made.

Further complicating matters was Amos Financial's failure to seek timely appointment of a special representative for filing their claim within statutory limits. As such, their petition filed more than two years post Mr. Rossi’s death rendered them barred from bringing forth their claims unless previously allowed which wasn’t proven adequately during proceedings.

The appellate court concluded by reversing the circuit court’s judgment denying dismissal motions and remanded it back for further consistent proceedings indicating clear jurisdictional errors committed earlier thus siding with Mrs.Rossi’s stance effectively nullifying Amoss’ financial claims over late husband Luis' assets under current legal purview

Representing Alma Chavez Rossi were attorneys Scott Levin while Colleen Chinlund served as special administrator appointed later into case developments . Presiding over initial trials Honorable Terrence J.McGuire saw through preliminary hearings eventually leading up-to appellate reviews led Justice Lyle along Justices Hoffman & Ocasio concurring overall verdicts delivered Case ID: No .1-23-0785

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