Illinois Appellate Court
Civil Court
Mortgages
(Court opinion corrected 6/24/20.) Plaintiff Bank, as successor by merger, filed mortgage foreclosure complaint. When Defendant failed, in her answer, to deny the deemed allegation that Bank had sent her all proper notices, she forfeited the issue of whether Bank failed to comply with a condition precedent in the mortgage contract. Plain language of mortgage indicates that a notice of acceleration was not required, because Defendant breached her duty to make timely mortgage payments, Court properly entered summary judgment for Plaintiff. (BIRKETT and ZENOFF, concurring.)