Illinois Appellate Court
Civil Court
Mortgage Foreclosure
(Court opinion corrected 12/9/10.) Court denied homeowner's petition to vacate foreclosure judgment and sale and to deny confirmation of the sale. Section 15-508(b) of the Foreclosure Law limits the court's discretion to refuse confirmation of judicial sale to four specified grounds, and is thus more restrictive than and inconsistent with, and prevails over, Section 2-1301(e) of Code of Civil Procedure. Foreclosure complaint was sufficient in that Plaintiff pled that it was the mortgagee and legal holder of the indebtedness, which was sufficient to allege standing. Standing argument was forfeited through Defendant's having defaulted after proper service of foreclosure complaint. Plaintiff MERS, as nominee for lender, had authority to enfoce the mortgage, per terms of mortgage. (HALL and PATTI, concurring.)