Attorneys
Ronald  A. Damashek

PRACTICES

Real Estate
Litigation and Dispute Resolution
Bankruptcy and Restructuring

EDUCATION

Georgetown University Law Center - J.D., cum laude, 1982

Northwestern University - B.A., cum laude, 1979

BAR ADMISSIONS

  • Illinois (1982)
  • Federal Trial Bar (1989)
  • U.S. Supreme Court (1996)

COURT ADMISSIONS

  • Seventh Circuit Court of Appeals (1990)
  • United States District Court for the:
    • Northern District of Illinois (1982)
    • Central District of Illinois (2008)
Ronald A. Damashek
Member
CONTACT INFORMATION
Tel: (312) 377-7858
Fax: (312) 423-8160
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  • Ronald Damashek Recent Appellate Decisions and Representative Matters
     

     

    • Title Industry Assurance Co., R.R.G. v. First American Title Insurance Company, Case No. 15-3310 (7th Cir., April 10, 2017) (a liability insurer was estopped from invoking policy defenses to the indemnity claims of its insured, a title agent, because the liability carrier breached its duty to defend the insured, thus rendering  the carrier liable for a judgment or reasonable settlement in favor of the third party claimants, including a title insurance company, and against the insured title agent). 
    • Borto v. First American Title Insurance Company, 2017 IL App (1st) 162266-U (complaint against closing agent for failing to obtain a release of a revolving home equity line of credit that was paid down to zero at closing almost 17 years ago was barred by the statute of limitations because the continued existence of, and the failure to release, the mortgage was apparent from the public real estate record).
    • Deutsche Bank National Trust Co. v. Payton, 2017 IL App (1st) 160305 (bank that pays off its mortgagor’s sellers’ mortgages is equitably subrogated to the liens of the sellers’ mortgages notwithstanding sellers’ claim that the deed received by the bank’s mortgagors was forged).
    • In Re Application of County Collector (Stolat Financial, LLC), 2016 IL App (3d) 150712 (affirming dismissal of petition to set aside tax deed that challenged homeowner's title).
    • Federal National Mortgage Association v. City of Chicago, 2016 WL 54775349 (N.D. Ill. 2016) (purchasers of property from Fannie Mae and Freddie Mac do not have to pay City transfer taxes).  Appeal pending.
    • One West Bank v. Cielak, 2016 IL App (3d) 150224 (mortgage signed by wife enforceable against tenancy by the entireties property even though wife not obligated on note).
    • CFE Group, LLC, v. FirstMerit Bank, N.A., 809 F.3d 346 (7th Cir. 2015) (foreclosing lender entitled to pursue state court collection action after it voluntarily dismissed federal action following district court’s dismissal of federal complaint without prejudice).
    • Amicus Curiae:  231 W. Scott LLC vs. Lakeside Bank, 2017 IL App (1st) 161131 (construction escrowee has a fiduciary duty to act only in accordance with the terms of the escrow agreement – reversing $525,000 judgment against construction escrowee).
    • Amicus Curiae:  Philadelphia Indemnity Insurance Company v. Chicago Title Insurance Company, 771 F.3d 391 (7th Cir. 2014) (complete defense rule does not apply to title insurance policies, which seek to insure only limited range of losses related to title defects).
    • Amicus Curiae:  In re Crane (Gifford State Bank v. Richardson), 487 B.R. 906 (C.D. Ill. 2013) (recorded mortgages provided constructive notice of mortgage liens under Illinois Conveyances Act even though they did not expressly set forth the interest rates and maturity dates of secured promissory notes), aff’d., 742 F.3d 702 (7th Cir. 2013).
    • Worked-out or foreclosed hundreds of millions of dollars of defaulted mortgage loans against an array of properties, including downtown office buildings, shopping centers, apartment buildings, residential developments, vacant developable land, and a golf course.
    • Counseled a bank regarding a $500,000 set off against a borrower's bank account followed by a successful negotiation of a forbearance agreement involving the borrower's remaining $5 million-plus line of credit and industrial revenue bond indebtedness.
    • Negotiated and documented intercreditor agreements with a mezzanine lender regarding lien priorities in millions of dollars of borrower deposits and the borrower's LLC membership interests.
    • Validated mortgage liens and established lien priority, overcoming a wide variety of challenges.
    • Obtained over $500,000 in recoveries from title agents and restitution from criminal defendants on behalf of title insurance companies.
    • Obtained summary judgment for title insurer against a title agent's liability insurance carrier seeking to avoid liability on a million dollar-plus policy.
    • Defeated over $600,000 in mechanic's lien claims on behalf of a mortgage lender through summary judgments based upon the lien claimants' failure to comply with the Illinois Mechanic's Lien Act.
    • Established $1 million enhancement value for mechanic's lien claimant at trial against mortgage lender asserting a priority lien.
    • Defeated two $300,000-plus contractor's claims in separate arbitration and trial proceedings, obtaining $100,000 in awards in favor of property owners.
    • Successfully resolved a half million dollar mortgage fraud scheme by a foreign national who fled the country after taking out mortgage loans from four different lenders on the same property.
    • Obtained injunctions to enforce condominium unit owners' right to run for condominium board positions in annual election and to prevent other unit owners from conducting election contrary to statutory and corporate governance requirements.
    • Forced condominium developer to make repairs and compensate condominium association for defective construction.
    • Streamlined condominium lien collection and contract documentation process by standardizing procedures and forms.