CitiMortgage, Inc. v. Sharlow

Defendant filed Section 2-1401 petition to modify order confirming judicial sale after foreclosure, alleging that she was entitled to surplus existing from sale. Due diligence is not required under the law when the Section 2-1401 petition is in the nature of a bill of review. As foreclosure judgment contained Rule 304(a) language, it was thus a final and appealable judgment. Reimbursement of Plaintiff's postjudgment costs and advances was appropriate, as order confirming sale may also approve mortgagee's postjudgment fees and costs to extent provided for in note and mortgage.(HOLDRIDGE, concurring; O'BRIEN, dissenting.)