Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Court dismissed mortgage foreclosure complaint, and denied Defendants' request for Rule 137 sanctions against Plaintiff. Bankruptcy discharge without affirmation means Defendant Rivkah is no longer bound by the mortgage contract, but she also can no longer use the HUD regulations as a defense. Noncompliance with HUD regulations is a defense to foreclosure. Based on default date alleged in the complaint, Plaintiff did not comply with HUD regulation 203.604 in a timely fashion. Appellate court's awarding of attorney fees and costs related to the appeal under section 1510 is discretionary. Remanded for trial court to determine whether such award is warranted.(McLAREN and SCHOSTOK, concurring.)