The Appellate Court of Illinois, First District, recently reversed a trial court’s order striking an affirmative defense to a foreclosure, vacated the foreclosure rulings, and remanded the matter for further proceedings.
Posts tagged as “Appellate Court of Illinois”
The Appellate Court of Illinois, First District, recently held that a borrower failed to identify any meritorious defense sufficient to stop or undo a judicial foreclosure sale. In so ruling, the Appellate Court rejected the borrower's arguments that the servicer failed to comply with the loss mitigation rules under the federal Real Estate Settlement Procedures Act (RESPA) that she claimed would have allowed her to cure her default, because the servicer qualified as a "small servicer" under 12 C.F.R. 1026.41(e)(4), and was therefore exempt from the loss mitigation rules.
Illinois App. Court (2nd Dist) Holds February 2020 Foreclosure Judgment Not Affected by COVID Moratoria
The Appellate Court of Illinois, Second District, recently affirmed a trial court’s order denying a borrower’s motions to vacate a foreclosure judgment and for leave to file an untimely answer and counterclaims, and the subsequent motion to reconsider, finding the trial court’s decision did not result in substantial injustice.
Illinois App. Court (1st Dist) Holds Failure to Timely Perfect Stay of Enforcement Doomed Borrowers’ Foreclosure Appeal
The Appellate Court of Illinois, First District, recently held that the borrowers' appeal in a mortgage foreclosure action was moot for failure to timely perfect a stay of enforcement of the final judgment.
Illinois App. Court (2nd Dist) Refuses to Undo Foreclosure Based on Alleged Non-Compliance With Sale Notice Rule
The Appellate Court of Illinois, Second District, recently affirmed a trial court's rulings (1) granting summary judgment in favor of the mortgagee, (2) approving a judicial sale, and (3) denying the borrower's motion to reconsider.
Illinois App. Court (3rd Dist) Holds Foreclosure Not Barred by Mortgagee’s Summary Judgment Loss in Prior Foreclosure
The Appellate Court of Illinois, Third District, recently affirmed a foreclosure judgment rendered in favor of a mortgagee over claims by the homeowners that the action was barred by the doctrine of res judicata as a result of a prior foreclosure action wherein summary judgment was entered in the homeowners’ favor.
Illinois App. Court (2nd Dist) Upholds Commercial Judgment Enforcement Against Two Officers of Corporate Guarantors
The Appellate Court of Illinois, Second District, recently affirmed the trial court’s entry of judgment in favor of the plaintiff mortgagee in a commercial mortgage foreclosure case, and against two corporate officers of two corporate guarantors.
Illinois App. Court (2nd Dist) Holds Borrower’s Second Attempt to Vacate Foreclosure Judgment Untimely
The Appellate Court of Illinois, Second District, recently affirmed a trial court order dismissing a borrower's attempt to vacate a default foreclosure judgment as untimely because the borrower's first attempt to undo the foreclosure, which was withdrawn without prejudice, did not toll the time to file the petition within 60 days from the borrower's first appearance in the case.
The Illinois Court of Appeals for the First District recently held a bank was not justified in relying on borrowers’ misrepresentations made during a loan modification process, where the borrowers’ prior conduct presented the bank with reason to follow up on the borrowers’ misrepresentations, and the misrepresentations would not have been hard to discover.
Illinois App. Court (1st Dist) Rejects Borrower’s Foreclosure Challenge After Title Vested in Third Party
The Court of Appeals of Illinois, First District, recently held that a homeowner’s attempt to vacate a foreclosure sale was barred by the Illinois foreclosure statute where title to the property had vested by deed to a third party.
Illinois App. Court (1st Dist) Holds Description of Property Improvements in Notice of Foreclosure Sale Was Sufficient
The Appellate Court of Illinois, First District, recently affirmed a trial court order confirming the sale of a foreclosed property, holding that a public notice of sale stating that the property contained a “single family residence” complied with the Illinois Foreclosure Law’s requirement to sufficiently describe “improvements on the real estate.”
Illinois App. Court (1st Dist) Holds No Waiver of KCRO Rights When Tenant Accepted Untimely Lease Extension Offer
The Court of Appeals of Illinois, First District, recently held that the successful bidder at a foreclosure sale must "strictly comply" with the Keep Chicago Renting Ordinance and that the tenant’s acceptance of a mortgagee’s untimely lease extension offer did not waive her rights under the KCRO.