City of Chicago v. Federal National Mortgage Association

Illinois Appellate Court
Civil Court
Real Property
Citation
Case Number: 
2017 IL App (1st) 162449
Decision Date: 
Tuesday, September 26, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
MASON

(Court opinion corrected 1/16/18.) City sought to enforce an in personam money judgment against Fannie Mae for amount City expended to demolish certain property which Fannie Mae had owned briefly after purchasing it at foreclosure sale.  Procedure which City used to obtain its judgment did not comport was a mispapplication of enforcement procedures of Unsafe Property Act. The Act does not provide for filing of a motion for judgment by a municipality, but instead requires municipality to pursue either foreclosure of its demolition lien or a separate civil action against those owners whom it seeks to hold personally liable.  (NEVILLE and HYMAN, concurring.)