(Court opinion corrected 12/30/20.) Bank had previously obtained judgment of foreclosure and order confirming judicial sale of Plaintiffs' home. Plaintiffs then filed claims under Real Estate Settlement Procedures Act (RESPA) and Consumer Fraud Act, alleging that bank and loan servicer engaged in misconduct arising out of foreclosure proceeding. Court properly dismissed complaint as claims were barred by section 15-1509(c) of Mortgage Foreclosure Law. That section precludes all claims of parties to the foreclosure related to the mortgage or the subject property, except for claims as to the interest in the proceeds in a judicial sale. The proper time to raise the issues in Plaintiffs' complaint was between the judgment of foreclosure and the confirmation of the sale, as contemplated in section 15-1508. As Plaintiffs did not pursue these claims as contemplated, they are claim-barred pursuant to section 15-1509(c). (McLAREN and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Foreclosure