Fifth Third Mortgage Company v. Foster

Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2013 IL App (1st) 121361
Decision Date: 
Friday, June 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
HARRIS
(Court opinion corrected 7/2/13.) Mortgage company lacked legal authority to file a forcible entry and detainer action prior to expiration of her lease. Mortgage company failed to comply with statutory requirements of Forcible Entry and Detainer Act by filing its FED action prematurely, prior to expiration of Defendant's lease, and thus circuit court had no jurisdiction over the matter. (QUINN and SIMON, concurring.)