In a mortgage foreclosure action, the defendant appealed from orders of the circuit court entering summary judgment in favor of the plaintiff that confirmed the sale of the property and entered a deficiency judgment against the defendant. Defendant argued on appeal that the trial court erred because the release of the mortgage barred the foreclosure and plaintiff did not provide evidence of fraud, duress, illegality, or mutual mistake. Defendant also argued that the trial court erred when it entered a deficiency judgment without an evidentiary hearing. The appellate court affirmed, finding that the plaintiff presented clear and cogent evidence that no consideration was paid in exchange for the release and because the release was not a valid contract the bank had a valid, existing mortgage against the defendant and plaintiff was entitled to summary judgment as a matter of law. (McBRIDE and ELLIS, concurring)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure