Plaintiff, an assignee of the mortgagee, filed mortgage foreclosure complaint, alleging that mortgagor had not paid on the mortgage (which was a 2nd mortgage) for 10 years. Defendant filed a 3rd-party complaint against his bankruptcy attorneys for legal malpractice for having failed to timely seek a discharge of the subject mortgage. Third party claims are all claims against attorneys arising out of actions or omissions in performance of professional services. Thus, the 2-year statute of limitations of section 13-214.3 of Code of Civil procedure governs. Court erred in not granting Defendant leave to amend his 3rd-party complaint as malpractice may have continued beyond date originally stated, and also to include allegations of equitable estoppel.(McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure