Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Court properly granted bank's motion to strike and dismiss Defendants' 3rd amended counterclaim with prejudice. Bank's acceptance of Defendants' payments from 2011-14 was only an act of leniency and was not an offer, Defendants failed to show that there was a valid offer of a 20-year loan initially or that there was an offer to extend terms of loan. Defendants failed to establish any allegation of consideration. According to terms of original loan documents, bank was already authorized to charge 6-18% interest for installments due under credit agreement. Payments alleged in Defendants' motion to reconsider were not additional interest providing consideration for alleged extension agreement. (LAMPKIN and ROCHFORD, concurring.)