BMO Harris N.A. v. Kautz

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (2d) 140399
Decision Date: 
Friday, August 22, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN
Bank did not have presumptive right to possess property or right to possess property or to have receiver appointed, in foreclosure proceedings. As there was one dwelling unit, which was property owner's primary residence, entire property was residential real estate, meaning that mortgagor has presumptive right to possession. (HUTCHINSON and HUDSON, concurring.)