Harris Bank, N.A. v. Harris

Court properly denied amended Section 2-1401 petition for relief from judgment of foreclosure as to her real property, filed by trustee of revocable living trust. Section 2-1401(e) of Code of Civil Procedure precludes a Section 2-1401 petition from affecting disposition of property transferred to a third party after entry of the challenged judgment. Section 15-1509(c) of Foreclosure Law limits the claims that may be asserted after judicial sale of foreclosed property. A Section 2-1401 petition which asserts numerous fact-dependent challenges must set forth allegations supporting existence of meritorious defense, due diligence in presenting defense, and due diligence in filing the Section 2-1401 petition.(DELORT and HARRIS, concurring.)