BAC Home Loans Servicing, LP v. Popa

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 142053
Decision Date: 
Tuesday, March 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE
Platntiff filed mortgage foreclosure action. Court properly granted Plaintiff's motion for summary judgment and motion for order approving report of sale and distribution and order for possession and eviction. Upon entry of foreclosure judgment, mortgage merges into judgment and eliminates contract, and thus judgment is controlled by statute, not contract. A plaintiff is entitled to statutory interest rate from date of foreclosure judgment and before confirmation of sale. (PALMER and REYES, concurring.)