In order to fall within the narrow exception to the general rule that a nonparty has no standing to file a Section 2-1401 petition, the nonparty must be injured by the judgment at the time of its entry. A nonparty to a tax deed proceeding that has such an interest in the property that it would be entitled to redeem the property would fit an exception to the general rule that a nonparty may not file a Section 2-1401 petition. As other Petitioner no longer had any interest in the property when he filed his Section 2-1401 petition, the principle os standing preclude him from bringing the petition. (GOLDENHERSH and OVERSTREET, concurring.)
Plaintiff filed breach of contract action arising out of Defendant's error in publishing a notice with wrong hearing date for Plaintiff's application for a tax deed. Plaintiff alleged that error caused court to deny its tax deed application in a separate proceeding. Jury verdict for Defendant, finding that Plaintiff failed to perform all its obligations under the contract. Court properly denied Plaintiff's motion for directed verdict. Court properly gave Defendant's non-IPI instruction as to previous course of dealing, which created mutual obligations on the parties. (HALL and LAMPKIN, concurring.)
Plaintiff attempted to enforce a note and guaranty executed by Defendants in connection with purchase of a horse farm. Court properly granted summary judgment for Plaintiff. The 5-year survival period for causes of action by or against a dissolved corporation is inapplicable and assignment of note and guaranty did not discharge the guarantors' obligations. Court properly found that, even if defense of usury was not waived, it would not be applicable to this case because of mortgage exception to the Interest Act. (McBRIDE and ELLIS, concurring.)
After bench trial, court entered judgment for Plaintiff and found that fair cash value of commercial office space in question was $7.3 million. Plaintiff had disputed assessor's valuation of property at $10.4 million. Court's finding that valuations of Plaintiff's expert were more credible and persuasive than Defendant's expert was not against manifest weight of evidence. Defense expert's criticism of Plaintifrf's expert's discounted cash flow analysis was relevant to weight of testimony and analysis. Court was moved primarily by fact of arm's length sale of property during and just after end of relevant tax year, finding that fair market value of property was the amount of that sale.(BURKE and GORDON, concurring.)
(Welch, D-Westchester; Harmon, D-Oak Park) provides that if the property is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs before the recordation of a lis pendens for an action challenging the transfer. Sets forth conditions under which a financial institution or similar entity is not liable for distributing or releasing property before the transfer is challenged.
(Ford, D-Chicago; Castro, D-Elgin) create a three-year pilot program that allows the recorder of deeds to establish an administrative law process to adjudicate expired mechanic’s liens that have been recorded but not litigated or released under the Mechanics Lien Act.
(Mulroe, D-Chicago; Martwick, D-Chicago) amends the Code of Civil Procedure to provide that the court’s jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served.
Actions for the recovery of real property following a foreclosure must be brought within two years after possession is taken. If a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than six months. A purchaser in actual possession of lands or tenements following a foreclosure is adjudged to be the legal owner of the lands or tenements if he or she continues in possession for two successive years and pays all taxes legally during that time.
Amends the Mortgage Rescue Fraud Act to provide that it is a violation for a distressed-property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed-property consultant derived from the foreclosure litigation.
Dist. Ct. erred in granting defendant-landlord’s motion to dismiss plaintiff-tenant’s action under Fair Housing Act (FHA) action, alleging that defendant failed to provide her with non-discriminatory housing and retaliated against her for making complaints of discrimination, where plaintiff asserted that other tenants in instant senior living community subjected her to series of verbal and physical abuse based on her lesbian sexual orientation, and that defendant failed to take appropriate action to stop said harassment. FHA extends liability for landlords who have actual notice of tenant-on-tenant harassment based on protected status, and yet chooses not to take any reasonable steps within its control (such as disciplining harassing tenants) to stop said harassment. Moreover, plaintiff alleged viable harassment claim, where plaintiff asserted that: (1) certain residents called her “fucking dyke,” “fucking faggot,” and “homosexual bitch,” while others either knocked plaintiff off her scooter with their walker, bashed their wheelchairs into plaintiff’s dining table, and uttered slurs on elevator. Plaintiff also alleged that: (1) she routinely reported said verbal and physical harassment to defendant’s staff, who either dismissed said complaints, attributed said incidents as accidents or told plaintiff that she was liar; and (2) defendant took steps in retaliation by barring her from various common areas of housing complex. Ct. also found that plaintiff had viable post-acquisition discrimination claim because alleged discrimination affected provision of services and facilities connected to her rental.
Bank initiated foreclosure action. Plaintiff's complaint establishes prima facie case that Plaintiff has standing, as Plaintiff produced original note, and document of assignment of mortgage and note. No genuine issue of material fact as to Defendant's consumer fraud claim Defendant did not attach any documentation showing what she submitted to Plaintiff, and failed to cite to anything to substantiate her claim. (PIERCE and MIKVA, concurring.)
(Halpin, D-Rock Island; Mulroe, D-Chicago) creates the Uniform Power of Appointment Act that adopts the Uniform Law Commission model act but makes it consistent with Illinois law. Effective January 1, 2019.
