Tag Archives: Associates

Favia and Team John Marshall ran/walked 5k to stomp out homelessness

Over 105,000 Chicagoans were homeless in a recent study[i]. A record turnout of supporters participated in the third annual 5k run/walk to end homelessness[ii] this past Sunday, July 14, 2013 in Chicago’s Douglas Park. Michael V. Favia ran with The John Marshall Law School team who ran and walked in Sunday’s heat and humidity to stomp out homelessness. Favia and other alumni from John Marshall frequently support causes that make Chicago a better place for everyone.

A Safe Haven - 2013 5K RUN! Running in support to end homelessness, Mike Favia ran with The John Marshall Law School team this weekend.

A Safe Haven – 2013 5K RUN! Running in support to end homelessness, Mike Favia ran with The John Marshall Law School team this weekend.

Michael V. Favia: “A great event for a great cause!”

A Safe Haven[iii] foundation hosted Sunday’s 5k run/walk event. A Safe Haven is “an organization dedicated to transforming lives from homelessness to self-sufficiency with pride and purpose.” The foundation hosts several events to engage volunteers, sponsors and community members who want to help battle homelessness. Upcoming events noted on the website include food pantry volunteer work involving inventory, clean up, bagging and distributing canned goods.

The 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.

Sponsors of this year’s 5k run/walk included Chicago area media channels, businesses and law firms. Michael V. Favia, Immediate Past President of The John Marshall Law School Alumni Association, worked with current President, Hon. Regina Scannicchio, to co-sponsor The John Marshall Law School team of almost a dozen runners and walkers who beat the heat this past Sunday for such a worthy cause.

Michael V. Favia & Associates is active in supporting community events raising funds and awareness of the causes that affect friends and neighbors in the Chicago area and nationwide. Get in touch with the firm[iv] if you have an upcoming event and need a team of great Chicagoans who care enough about their friends and neighbors to show it with hard work.

ABOUT THE FIRM: The Law Firm of Michael V. Favia & Associates is a successful General Civil Practice dedicated to providing personalized service and high quality representation for clients. 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. Feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter and you will be kept in the loop about upcoming events and news in the firm’s practice areas including personal injury, medical malpractice, worker’s compensation, complex civil litigation and professional regulation and licensing.

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Appeals court upheld Illinois refusal to renew license to mortgage broker pursuant to SAFE Act

“This outcome is unquestionably harsh,” the Court agrees, despite affirming the decision to deny the renewal of an Illinois mortgage broker whose past felony conviction blocked his present and future due to provisions of the SAFE Act written to amend minimum requirements for practice.[i] The SAFE Act is a federal law imposing compliance policy on the Illinois Department of Financial and Professional Regulation (“Department”). Following the 2006 housing bubble burst, Congress enacted the SAFE Act and its uniform national standards in response to predatory lending and bad practices, generally.

Amendments to the SAFE Act prohibit the issuance or renewal of a mortgage broker license under circumstances including a conviction for fraud, and courts must follow the Act.

Appellate Court: "The 2009 amendment has changed the minimum requirements for practice and Vali Mohammad does not meet the amended requirements."

Appellate Court: “The 2009 amendment has changed the minimum requirements for practice and Vali Mohammad does not meet the amended requirements.”

The purpose of the 2009 enacted SAFE Act is to “impose uniform national standards in order to curb predatory lending practices and [to use] required fingerprinting and issuance of unique, life-time identifiers to prevent unscrupulous mortgage loan originators simply moving from jurisdiction.”[ii] Note that this is Federal law and the Department, overseeing mortgage brokers in Illinois, must follow the licensing standards imposed by the SAFE Act. Effective July 31, 2009, an amendment to the Act imposed on the Department that its licensed mortgage brokers comply with Section 7-3 that prohibits licensing of any applicants with felony convictions for fraud, among other criteria.[iii]

In this case, Mohammad became a mortgage broker in 2001, a new career for him. “By 2006, he had five employees, owned his commercial building and five rental homes, and was the recipient of two awards from the Chicago Association of Realtors and one from the chamber of commerce for the communities of Green Oaks, Libertyville, Mundelein, and Vernon Hills, Illinois.[iv] Despite his success as a loan originator and real estate, an unrelated past conviction stopped Mohammad from continuing business as usual when he received a letter from the Department, refusing to renew his license to practice mortgage brokerage in Illinois.

When Mohammad applied to renew is license in 2005 or 2006, according to the Court in Mohammad, he disclosed to the Department that he had a mail fraud conviction from the year 2000. The fraud conviction was the end of a drawn out battle with a previous company and had nothing to do with Mohammad’s career in lending as overseen by the Department who on June 30, 2010, notified him that his license could not be renewed because he did satisfy the requirements for the license pursuant to the SAFE Act as amended.

The trial court and the appellate court considered many arguments and facts concerning Mohammad and his career, but there was no provision in the Act for exceptions, and therefore the strict application of the law caused Mohammad to be ineligible to practice mortgage brokerage in Illinois. The Court, “Unfortunately, the applicable law of the State of Illinois is very clear on this matter. A felony conviction involving fraud or dishonesty is a clear violation of 205 ILCS 635/7-3(2) and a complete bar to holding a loan originator license.”[v]

Mohammad’s counsel made several legal arguments regarding the facts in this case and the application of the laws that affected his license. Michael V. Favia & Associates offers tips on dealing with the IDFPR located on their Illinois Licensing website. From the website, you can also submit your name and email to receive a more detailed article titled, “Summary of the Disciplinary Process and 10 Tips for Responding to an IDFPR Inquiry.”

Michael V. Favia & Associates are available to assist with analysis and advice on a difficult IDFPR matter. 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’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter.


[ii] Mohammed at ¶ 11, citing Bryce Gray, The Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 31 Rev. Banking & Fin. L. 51 (2011) (discussing the circumstances that led to passage of the SAFE Act and explaining the law’s components).

[iii] Mohammed at ¶ 6.

[iv] Mohammed at ¶ 4.

[v] Mohammed at ¶ 8

Illinois physician loses license in case involving patient death

Michael V. Favia & Associates handles Illinois professional licensing matters. Principal attorney, Michael V. Favia and his group of highly experienced attorneys and investigators, who previously worked for the Illinois Department of Professional Regulation, renamed the Illinois Department of Financial and Professional Regulation (“IDFPR”) in 2004. In Illinois, several professions are regulated by the state. IDFPR is an executive agency regulating banks, financial institutions, real estate agents, insurance firms, and insurance agents. The IDFPR qualifications of self-regulating professions including lawyers and physicians.

IDFPR and attorneys who practice in professional licensing help balance the interests of the professionals licensed to practice their craft and the public affected by the conduct of professionals.

Madison County Physician Loses License for One Year   Failed to report child abuse to state authorities

Madison County Physician Loses License for One Year.
Failed to report child abuse to state authorities.

An a recent press release the IDFPR announced the reinstatement of one year suspension of a Madison County physician for failure to report child abuse to state authorities. The original order of suspension was issued December 1, 2011 and the current suspension began June 3, 2013. This example illustrates that the IDFPR takes professional licensing seriously and works to protect the people of the State of Illinois and visitors from professional who fail to follow the law and mandates the regulated professionals must agree to follow.

In this case, the disciplined physician’s patient, a child, died. The IDFPR press release states: “The patient was a two year old boy who was treated in September, 2007 for multiple bruises and possible human bite marks at the emergency room at St. Anthony’s hospital in Alton. Dr. Malur was aware that child abuse was suspected and was aware that child abuse was suspected and was asked by a Department of Child and Family Services (DCFS) if there were any concerns about the child’s care. Dr. Malur responded that she had no concerns about the child’s care. On December 18, 2007, the child was again brought to Dr. Malur’s office for what was diagnosed as a fractured sternum. On December 28, 2007, the child died. The autopsy found that in addition to the fracture sternum, multiple bruises, burns and other evidence of possible abuse were found. The cause of death was determined to be a blunt head trauma and deemed to be a homicide.” IDFPR press release.See also the local news report.

Not all cases reviewed by the IDFPR are as extreme as our instant example involving child abuse and death. Complaints and reports of alleged professional misconduct can arise, with action taken by the IDFPR, even when the professional is cleared of all allegations of wrongdoing.

If you are regulated by the IDFPR and need advice on what to do if you learn of an inquiry regarding your practice, don’t panic; Michael V. Favia & Associates offers tips on dealing with the IDFPR located on their Illinois Licensing website. From the website you can also submit your name and email to receive a more detailed article titled, “Summary of the Disciplinary Process and 10 Tips for Responding to an IDFPR Inquiry.”

Michael V. Favia & Associates are available to assist with analysis and advice on a difficult IDFPR matter. 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’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter.