Illinois Appellate Court
Civil Court
Mortgage Foreclosure
In foreclosure action, court properly denied Defendants' cross-motion for summary judgment, compelled by Defendants' failure to comply with Rule 133(c). Sending a proper "notice of acceleration" was a condition precedent to Plaintiff's ability to file the foreclosure, and thus the amended complaint the Defendants' answer were required to comply with Rule 133(c). A general denial of performance of conditions precedent of a contract in a party's responsive pleading, without allegations of specific facts, results in forfeiture of the issue. (HOFFMAN and HALL, concurring.)