In residential mortgage foreclosure action, bank admitted that mortgage servicer had timely received Defendant's payment by failing to adequately deny his allegation to that effect in its pleadings, by stating that it lacked sufficient information to admit or deny that allegation. Bank had ample opportunity to deny allegation in the manner required by Section 2-610 of Code of Civil Procedure but failed to do so. Although mortgage servicer's letter states that it received the payment late, the letter is unsworn and was never presented into evidence by bank. Bank failed to present evidence sufficient to justify summary judgment in its favor or to forestall summary judgment for Defendant. Court properly granted summary judgment for Defendant. (LYTTON and CARTER, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure