Bank of America, N.A. v. Higgin

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (2d) 131302
Decision Date: 
Friday, September 26, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed as modified.
Justice: 
McLAREN
Under Mortgage Foreclosure provisions, a plaintiff can recover fees and costs through the end of proceedings, but only up until time of sale, as payments after protect the buyer's interests, not the mortgagee's interests. Sale surplus should thus be granted to Defendants. (JORGENSEN and SPENCE, concurring.)