In mortgage foreclosure action, court entered order approving sale of property in favor of bank. Defendant had entered into a loan modification agreement with Plaintiff. Court should have conducted evidentiary hearing as to status of Defendant's loan modification prior to confirming the sale, as there is a question as to whether parties entered into a loan modification agreement. As deed conveying title to the property was executed after confirmation of sale and recorded by Recorder of Deeds, title to property has vested by deed to a 3rd party, and thus Defendant's claim is barred. There is sufficient evidence to warrant a hearing as to the proper amount of the surplus, and remanded for purpose of conducting a hearing on that issue. (GORDON and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure