In EMC Mortgage Corporation v. Kemp, 2012 IL 113409, the Illinois Supreme Court held that the appellate court lacks jurisdiction to hear a challenge to an order issued while a mortgage foreclosure action is underway.

"In this climate where homeowners often raise technical issues that result in delays in foreclosure proceedings in order to remain in their residences rent-free as long as they can, appeals may be becoming more prevalent," writes Robert Hanley in the latest ISBA Bench and Bar newsletter. "This opinion [issued in February] provides an excellent refresher course on the appealability of interlocutory orders generally, and of orders in foreclosure cases particularly." Read his analysis.