Prof. James Durham Publishes Article on Foreclosure Litigation

08.27.2012 | Law, Faculty

Professor James Durham’s latest article, which provides advice for lawyers working on foreclosure litigation, has been published by Northern Illinois University Law Review.  

The article, “Avoiding a Lawyers’ Race to the Foreclosure Bottom: Some Advice To Lawyers for Lenders and Borrowers on Their Roles in Foreclosure Litigation,” outlines minimum standards set by the rules of legal ethics and argues that foreclosure lawyers should aspire to even higher standards. By following a high standard of ethics, Durham writes, lawyers can ensure that all parties in the foreclosure process receive their due in an honest and just manner.  

He presented the article at the Northern Illinois Law Review’s symposium “The Mortgage Foreclosure Crisis: A Discussion of Current Issues, Trends and Solutions” on April 20. The article is available in PDF format from the Northern Illinois Law Review.  

Durham examined ethics and foreclosures issues in several other recent articles. In the last year, he published both “Is the ABA Ready for the Driver's License Rule? The Ethics 20/20 Commission Flirts with an Expanded Multijurisdictional Practice Rule (PDF)” and “The San Francisco Report: ‘Foreclosure in California – A Crisis Of Compliance’ A Nationally Significant Statistical Portrait of Problems in the Foreclosure Process,” in Probate & Property magazine.

He is secretary of the American Bar Association’s Real Property Division, Section of Real Property, Trust and Estate Law; chair of the Real Property Division’s Legal Education and Uniform Laws Group; and a member of Real Property, Trust and Estate Law Section’s CLE Committee and the ABA Commission on Ethics 20/20’s Working Group on Inbound Foreign Lawyers.  

Durham teaches courses on real property, commercial real estate transactions and professional responsibility.

For more information, contact Bob Mihalek, communication specialist at the University of Dayton School of Law, at 937-229-4683 or