Bayview Loan Servicing, LLC v. Szpara

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (2d) 140331
Decision Date: 
Wednesday, December 30, 2015
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
SPENCE

(Court opinion corrected 2/17/16.) Court entered summary judgment for Plaintiff in mortgage foreclosure action.  Plaintiff's prove-up affidavit of Plaintiff's vice-president, was sufficient to support summary judgment for the amounts due.  Affiant established that the record was made in regular course of business, and made at or near the time of the event or occurrence, which satisfied foundational requirements of Rule 236. Thus, court properly considered affidavit and attached loan documents and did not face issue of material fact as to amounts owing on loan. (ZENOFF and BURKE, concurring.)