Illinois Appellate Court
Civil Court
Foreclosure
(Court opinion corrected 5/26/15.) Bank filed two separate foreclosure actions against multiple Defendants, to foreclose on roads and outlots contained in two failed subdivisions located in village. Court properly granted Village's motion to dismiss, as roads and common areas had been dedicated to Village. When a mortgagee executes and records mortgage releases on lots shown on plat of subdivision, mortgagee impliedly consents to entire plat, including streets shown thereon, and can no longer revoke its assent to dedication of streets and alleys set forth in plat. Village satisfied two requirements for valid statutory dedication of property. Village had expressly accepted offers to dedicate roads and outlots after Bank filed foreclosure complaints and before judgment for foreclosure was entered, and thus acceptance was timely and effective. As property was unimproved, Village was not required to improve streets and commons areas to prove acceptance. (O'BRIEN, concurring; CARTER, dissenting.)