Bank filed mortgage foreclosure complaint, and copy of mortgage was attached to complaint. Court properly granted plaintiff's motion for leave to file amended complaint to substitute plaintiff for Bank as the named Plaintiff in foreclosure case.Plaintiff voluntarily dismissed its complaint, and no part of it resulted in a final judgment. Plaintiff refiled its complaint well within remaining limitations period of 10 years. Court properly granted Plaintiff's motion for summary judgment, as Defendant failed to identify questions of fact as to grace period notice of Plaintiff's status as holder of the note, and evidence in record that grace period notice was mailed to Defendant. Court properly confirmed judicial sale. Even if Plaintiff went out of business, its foreclosure action was commenced within 5 years of dissolution, and was thus entitled to proceed with action.(BURKE and ELLIS, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure