U.S. Bank Trust, N.A. v. Colston

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (5th) 140100
Decision Date: 
Friday, July 24, 2015
District: 
5th Dist.
Division/County: 
Clinton Co.
Holding: 
Affirmed.
Justice: 
GOLDENHERSH
Court properly entered default judgment in mortgage foreclosure action. Defendants knew about case, participated in it, and made several attempts to evade service. Original lender erred in legal description of property on mortgage documents as not including house and detached garage, although Defendants described house and garage on their bankruptcy schedules. Thus, erroneous legal description in first mortgage was result of mutual mistake of parties, and court properly allowed reformation. Plaintiff, transferee of mortgage loan, was properly substituted as plaintiff, after default judgment, and thus has standing.(STEWART and SCHWARM, concurring.)