CitiMortgage, Inc. v. Adams

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (5th) 130470
Decision Date: 
Monday, July 20, 2015
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded with directions.
Justice: 
GOLDENHERSH
Court confirmed foreclosure sale in residential mortgage foreclosure action, and denied Defendants' two separate motions to reconsider. Trial court should have been informed of Defendants' application for assistance under HAMP, and of disposition of Defendants' HAMP application, before it confirmed foreclosure sale; court could then have determined whether Plaintiff satisfied requirements of HAMP. On remand, court shoudl consider and resolve disposition of HAMP application and determine whether Plaintiff's action and inaction were material violation of HAMP.(CATES and CHAPMAN, concurring.)