Real Estate Law

(Supplemental opinion filed 4/10/18.) Condo Board sued Trustee to recover common expenses owed on her condo unit. Court entered default judgment and order of possession, the last such order being in January 2013. Trustee’s son filed a timely notice of appeal, which court dismissed for want of prosecution. Three years later, Trustee’s son filed petition to vacate January 2013 order of possession, which court denied, and motion to reconsider, which court denied. Trustee’s son then filed another notice of appeal.  Motion to vacate does not create right to appeal under Rule 303. Appellate court has no authority to address issues raised in an untimely motion. (NEVILLE and PUCINSKI, concurring.)

Foreclosure of Defendant’s mortgage on commercial property. During foreclosure proceedings, prior to appointment of a receiver, Defendant filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings. After automatic stay was lifted in bankruptcy action, receiver was appointed in foreclosure proceedings, and court ordered all rents paid during bankruptcy to be turned over to receiver.Order entered by bankruptcy court is sufficient to show that Plaintiff obtained constructive possession over rents as of date of order. Court did not err in ordering turnover of prereceivership rents to receiver, and ultimately to Plaintiff. Court did not abuse its discretion in awarding Plaintiff attorney fees as provided by loan documents. (BURKE and McBRIDE, concurring.)

In mortgage foreclosure action, court properly denied Defendant's motion to quash service by publication, where Defendant's spouse had affirmatively informed special process server that Defendant did not reside at property in question, refused to provide information about how to reach him, and property address was the only address discovered for Defendant after a comprehensive search.(McBRIDE and ELLIS, concurring.)

Court properly entered summary judgment for Plaintiff in declaratory judgment action involving contract dispute. General intent and purpose of Agreement as a whole, as expressed in numerous other provisions of Agreement, reflect that apparent limitation on Plaintiff's purchase option must be viewed as a mistake, accident, or so repugnant to general intent and purpose of Agreement that it must be disregarded. Agreement reflects parties' general intent that purchase option was to survive expiration of estate for years.(REYES and LAMPKIN, concurring).

(Court opinion corrected 2/16/18.) Court granted Petitioner a tax deed for condominium for which Petitioner had purchased delinquent delinquent property taxes.County clerk's practice of using PIN on line designated for certificate number does not violate Property Tax Code. Petitioner strictly complied with notice requirements of Code, entitling it to a tax deed.(McLAREN and BURKE, concurring).