Beal Bank v. Barrie

In foreclosure proceeding, Defendant failed to raise grace period notice defense at any time during underlying proceedings, until one month after bank filed motion to confirm sale. Defendant failed to show that "justice was not otherwise done", as required to preclude confirmation of sale pursuant to Section 15-1508(b)(iv) of Mortgage Foreclosure Law. Defendant's argument that mortgage company, which subsequently acquired note and mortgage, lacked statnding at time it filed complaint is untimely, as it is an affirmative defense that must be pleaded in answer or responseive pleading.(SIMON and NEVILLE, concurring.)