Category Archives: Press Releases

ISBA lawsuit seeks injunction of IDFPR discipline of two attorneys for unauthorized real estate appraisal practice

Illinois Professional Licensing Consultants 5Two Illinois attorneys face potential prosecution by the Illinois Department of Financial and Professional Regulation (IDFPR) but the Illinois State Bar Association (ISBA) filed a lawsuit seeking an injunction and declaration that IDFPR lacks the authority to regulate certain practices.

At issue in the ISBA complaint filed July 11, 2017 in the Circuit Court of Cook County, is whether the IDFPR acted with authority and appropriately when the Department initiated formal administrative prosecutions of two attorneys in April of this year. The IDFPR alleges that he attorneys engaged in the unauthorized practice of real estate appraisals in two different property tax assessment cases.

Illinois regulates real estate appraisals

The Real Estate Appraisal Licensing Act of 2002 is the controlling law on the regulation of real estate appraisers in Illinois. The legislative intent section of the statute reads in part, “The intent of the General Assembly in enacting this Act is to evaluate the competency of persons engaged in the appraisal of real estate and to license and regulate those persons for the protection of the public.[i]” The IDFPR uses its administrative rules and guidelines in issuing professional licenses to practice real estate appraisals.

At issue is whether the IDFPR was proper in disciplining the two attorneys for practicing real estate appraisal without a license to do so.

Meanwhile, it is a common practice for real estate attorneys to represent their clients before the bodies hearing challenges to real estate tax assessments and valuations. Property owners have a right to challenge the appraised value of their property and reduce their tax burden. The two attorneys in this case filed briefs supporting their clients’ tax challenges to the Property Tax Appeals Board and the DuPage County Board of Review. In its news release on point, the ISBA states, “Neither lawyer purported to submit an appraisal or act as an appraiser.[ii]

The court is likely to receive briefed arguments focused on the scope of the authority of the IDFPR, and what power the Department may have to determine what specific conduct gives rise to a violation. The ISBA contends, “the IDFPR lacks authority to prosecute, discipline, or sanction lawyers for engaging in the practice of law by advocating on behalf of clients in real estate tax assessment proceedings.[iii]

Takeaways for all professionals in Illinois

It is important in any profession to be aware of and compliant with state laws and regulations of professions. Prior to the enactment of The Real Estate Appraisal Licensing Act of 2002 an individual might have been actively engaged and working as a real estate appraiser when the law passed, then requiring the individual to obtain a license from the IDFPR. The regulation of professions may change and adapt with state law and public policy.

Just because one license may be broadly applicable, such as a license to practice law, it does necessarily mean that such licensure applies ubiquitously; regulatory bodies have authority to determine the scope of a professional practice. In this case, the limits of IDFPR authority are being tested.

As there are new developments in this case we will share that news, as many are interested in the outcome of this lawsuit.

About us: Michael V. Favia & Associates, P.C. is a health law, litigation and licensing firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

 

 

[i] PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 458/) Real Estate Appraiser Licensing Act of 2002.

[ii] ISBA, Illinois Lawyer Now, ISBA Files Complaint to Enjoin IDFPR Prosecution of Lawyers.

[iii] See HNii above.

JOIN A SAFE HAVEN JULY 15 – 5K RUN TO END HOMELESSNESS

If you are looking for a way to give back and make a difference to help the homeless get back on their feet this summer, then A Safe Haven has great news! You can join a team and run/walk with A Safe Haven to end homelessness!

A Safe Haven Foundation will host its 7th Annual 5K RUN! To End Homelessness, on Saturday, July 15, 2017 in Chicago’s beautiful Montrose Harbor Grove 16 at 600 W Montrose Harbor Dr., Chicago, IL 60613 starting at 8:30 a.m.

7th Annual 5K RUN! To End Homelessness – Saturday, July 15, 2017

5K Image

The online registration period runs through race day. You may also register for the Kids Fun Run, a free event. Use this link to Register for the A Safe Haven 5K.

A Safe Haven Foundation, established in 1994, uses a sustainable model to help with temporary housing, treatment and recover, education, job training and placement, employee retention and permanent housing. With a roof over your head and three-square meals a day, A Safe Haven program graduates move on to help others. Many of the program participants are veterans and battle addiction, post-traumatic stress and other challenges. Fundraising events like the annual 5k run help put success in reach.

Michael V. Favia is active on the board of directors for A Safe Haven and enjoys helping in supporting community events raising funds and awareness of the causes that affect friends and neighbors in the Chicago area.

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About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

MICHAEL V. FAVIA AND ASSOCIATES WELCOMES ANNA LOZOYA, JD, RN, OF COUNSEL

FOR IMMEDIATE RELEASE

Health Law and Litigation Attorney, Michael V. Favia Welcomes Anna Lozoya, JD, RN, Of Counsel to the Michael V. Favia and Associates, P.C. to Work on Health Related Matters.

099CHICAGO – Wednesday, April 20, 2016. Health law and litigation attorney, Michael V. Favia, announces that this spring, Anna Lozoya, JD, RN, joined Michael V. Favia & Associates, P.C. as an of counsel attorney to work on health related matters including personal injuries, medical malpractice , IDFPR, and Illinois Department of Health matters.  She is also is bi-lingual and has extensive experience in real estate law.

Lozoya attended the University of Miami’s School of Nursing and Health Studies. Lozoya graduated from DePaul University’s College of Law in 2012. During her tenure in law school, she was a student attorney in the Civil Rights Clinic and a staff writer of the DePaul Journal of Health Care Law. Lozoya continues to work as nurse in critical care in Chicago.

Lozoya currently holds the position of secretary of the Puerto Rican Bar Association of Illinois; Region IX Deputy President of the Hispanic National Bar Association (HNBA); and co-chairs the Bar Organization Outreach Committee and the Health Law Committee of the Women’s Bar Association of Illinois.

Lozoya offered comments to questions about her new position, of counsel, to Michael V. Favia & Associates, P.C.:

How does your of counsel position with Michael V. Favia & Associates, P.C., complement your existing legal practice in health law, litigation and professional licensing? “As of counsel of Micheal Favia’s firm, I am afforded the opportunity to utilize my skill set as an attorney and nurse. Mike’s practice encompasses more than just medical malpractice. The Favia name is synonymous effect and diligent legal representation. The of counsel position will expand my civil practice into other areas of contract law such as health care and physician agreements. I currently provide nurse-consulting services, which includes but is not limited to medical record analysis, chronologies, and summaries. I will provide these services for the law firm on any and all cases that require an expert’s opinion.”

What unique perspectives to you bring to the firm? “Before becoming a nurse and an attorney, I was an auditor for a CPA in Miami. That position not only taught me to be thorough but required meticulous review of financial data and documents. This skill has transferred into all aspects of my life. During representation and consulting of clients, it is the recognition and discovery of minute distinctions that have yielded favorable results for my clients. I also have an extensive sales background, which instilled considerable listening skills; this set of skills serves as the bedrock of building and maintaining all of my client-attorney relationships. The majority of my current legal practice is in real estate which has refined my negotiation technique.”

What would you like future clients and colleagues to know about you? “I am a lover of knowledge and challenges. I look forward to collaborating with Mike and his associates. I continue to have the privilege of healing and assisting Chicago’s sick. I currently work as a Registered Nurse in the areas of: medical-surgical; telemetry; ambulatory surgery; medical intensive care unit (MICU); coronary care unit (CCU); and post anesthesia care unit (PACU). l enjoy a good laugh, a delicious slice of cheese pizza, and a brisk jog on Lake Michigan.”

Lozoya was recently featured in the Illinois Professional Licensing Consultants podcast interview, explaining how she works of counsel to Michael V. Favia & Associates, P.C. in connection with workers compensation cases and other related health law and litigation matters. PODCAST: Workers Compensation: Independent medical examinations with Anna Lozoya.

To learn more about, or to speak to Anna Lozoya, JD, RN, Of Counsel to Michael V. Favia & Associates, P.C., please contact the firm at (773) 631-4580.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent licensed physicians in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please call (773) 631-4580, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.