Bank of New York Mellon v. Sperekas

Bank filed mortgage foreclosure complaint. On its own motion, court dismissed complaint without prejudice, finding that bank failed to present sufficient evidence that it complied with section 15-1503(b) of Mortgage Foreclosure Law requiring notice of foreclosure to alderman of ward where property is located. That section was later amended which provides that failure to send such notice results in a stay of the foreclosure action, to be lifted upon presentment of proof of delivery. This amendment is procedural and should be applied retroactively. (PIERCE and WALKER, concurring.)