Court properly granted motion for summary judgment of Defendant, a 3rd-party purchaser, who sought to quiet title to property which had been the subject of a foreclosure action filed in 2010 and an eviction action filed in 2018. The mortgage lender's lis pendens in the foreclosure action was recorded a week before Plaintiff recorded its quitclaim deed. A lis pendens serves as constructive notice to persons who have an unrecorded interest in the property. The 6-month service requirement of Section 2-1901 of Code of Civil Procedure does not apply to lis pendens in foreclosure proceedings under Section 15-1503 of Mortgage Foreclosure Law. Because lis pendens was recorded before Plaintiff's quitclaim deed was recorded, Plaintiff was bound by the foreclosure proceedings as if Plaintiff were a party. The foreclosure proceedings thus extinguished Plaintiff's interest int he party. (MIKVA and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Quiet Title