Urban Partnership Bank v. Winchester-Wolcott, LLC

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 133556
Decision Date: 
Wednesday, July 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MASON
Condo is not "residential real estate" under Mortgage Foreclosure Law if it is not occupied by mortgagor. Thus, bank's right to possession was dependent only on showing that such relief was warranted by provisions of mortgage and reasonable probability of prevailing in foreclosure. No requirement that mortgagee seek possession or appointment of receiver within certain time. (HYMAN and NEVILLE, concurring.)