Banco Popular North America v. Gizynski

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 142871
Decision Date: 
Friday, August 14, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
In mortgage foreclosure action, court erred in granting bank's motion for summery judgment. As Defendant homeowner claims that his property was used as his primary residence and required notice was not given, genuine issue of material fact must be decided. Protections of Section 15-1502.5 of Mortgage Foreclosure Act are the same when multiple-dwelling structure has 6 or fewer units being used as residential units and when owner uses one unit as his primary residence.(PALMER and REYES, concurring.)