Bank of New York Mellon v. Rodriguez

Plaintiff filed foreclosure complaint; court entered default judgment against Defendants, and property was sold through a judicial sale. Court denied Bank's section 2-1401 motion to dismiss Defendants' petition for relief from judgment. Court properly granted the motion of purchasers of property to dismiss the section 2-1401 petition on the basis of estoppel, due to Defendants' surrender of the property in bankruptcy and the discharge of their debts therein.  DFefendants' position in bankruptcy and the benefit of the discharge effectively served to preclude their pursuit of relief from judgment in the foreclosure, as they no longer held any legal or equitable interest in the property. (SCHOSTOK and BRENNAN, concurring.)