BMO Harris Bank, v. Wolverine Properties, LLC

Bank sought judgment of foreclosure of $3.5 million; request did not include $500,000 tax payment Bank had made one month prior. Court granted judgment, and property went to sheriff's sale, at which Bank was sole bidder, bidding amount equaling judgment plus subsequently accruing costs, leaving no deficiency. Court properly denied Bank's request to collect deficient judgment for prejudgment tax payment from Defendant-guarantors. Sheriff conducted sale according to judgment of foreclosure, and Bank could have but did not amend judgment, to include tax payment, prior to sale. Section 15-1512 of Mortgage Foreclosure Act does not state that mortgagee is always entitled to reimbursement for prejudgment tax payments, but discusses order in which sale proceeds will be applied. (McLAREN and ZENOFF, concurring.)