Real Estate Law

CitiMortgage, Inc. v. Lewis

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 131272
Decision Date: 
Wednesday, December 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Vacated and remanded.
Justice: 
REYES
(Court opinion corrected 1/14/15.) Court granted bank's motion to confirm judicial sale and denied Defendant homeowner's motion to set aside sale. Order confirming sale is vacated, and remanded for parties to conduct limited discovery and for evidentiary hearing on whether property was sold in material violation of FHA-HAMP requirements. (PALMER and McBRIDE, concurring.)

Bankunited v. Velcich

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 132070
Decision Date: 
Monday, January 12, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Court entered order of default and confirming judicial sale in foreclosure action. Court properly denied Defendant's emergency motion to quash service. Plaintiff's affidavits to effectuate service by publication were based on affiant's personal knowledge and set forth specific actions taken to determine Defendant's whereabouts to justify service by publication. As no evidence that Plaintiff knew where Defendant resided, Plaintiff did not improperly fail to state Defendant's residence in its affidavit for service by publication. (DELORT and CONNORS, concurring.)

CNB Bank & Trust, N.A. v. Rosentreter

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (4th) 140141
Decision Date: 
Tuesday, December 23, 2014
District: 
4th Dist.
Division/County: 
Macoupin Co.
Holding: 
Reversed and remanded.
Justice: 
APPLETON
Bank filed action for foreclosure and for replevin of grain bins. Parties disputed whether co-trustee owned 100% or 50% of tracts in question. By signing the mortgage , co-trustee mortgaged 100% of the ownership interest in tracts, as opposed to only 50% of the ownership interest. Question of fact as to whether Bank or Defendants were entitled to judgment as a matter of law. (POPE and HARRISON, concurring.)

PNC Bank v. Zubel

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 130976
Decision Date: 
Tuesday, December 23, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
PUCINSKI
Court properly granted summary judgment for Plaintiff bank in mortgage foreclosure proceedings. Affidavits from bank employees were sufficient to support Defendant's default on mortgage, were based on affiants' personal knowledge of bank business procedures as well as their review of records relevant to mortgage. Bank presented sufficient evidence to establish prima facie case that Defendant defaulted on her mortgage obligations and that foreclosure was warranted. (HYMAN and MASON, concurring.)

People v. Cornelius

Illinois Appellate Court
Criminal Court
Tax Deeds
Citation
Case Number: 
2014 IL App (3d) 130288
Decision Date: 
Friday, December 19, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
Court properly vacated order issuing the tax deed,as order was void for failure of proper statutory notice. Petitioner failed to provide proper notice to Respondent by omitting address and phone number of county clerk on the take notice forms. Trial court had jurisdiction to resolve matter and properly vacating order issuing tax deed. (WRIGHT, concurring; SCHMIDT, dissenting.)

LSREF2 Nova Investments III, LLC v. Coleman

Illinois Appellate Court
Civil Court
Promissory Notes
Citation
Case Number: 
2014 IL App (1st) 140184
Decision Date: 
Friday, December 19, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN
Court erred in finding that res judicata barred Plaintiff from pursuing separate action on promissory note, after court entered judgment confirming sale in foreclosure action. No evidence that personal judgment was pursued in the foreclosure case beyond cursory mention in prayer for relief. Foreclosure judgment did not adjudge Plaintiff's rights under promissory note. (HALL, concurring; ROCHFORD, dissenting.)

JP Morgan Chase Bank, N.A. v. Bank of America, N.A.

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (1st) 140428
Decision Date: 
Tuesday, December 16, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and dismissed in part.
Justice: 
LIU
Bank filed foreclosure suit against several Defendants, including a junior mortgagee, all defaulted in underlying action. Appellate court lacks jurisdiction to review order denying motion to vacate default, as Defendant failed to file notice of appeal within 30 days of entry of that order. Court properly awarded to intervenor surplus proceeds from judicial sale after default judgment against Defendant that terminated Defendant's mortgage interest. Defendant was not entitled to award of surplus proceeds because it had no valid lien as result of its default. (SIMON and NEVILLE, concurring.)

Rock River Water Reclamation District v. The Sanctuary Condominiums of Rock Cut

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130813
Decision Date: 
Thursday, December 11, 2014
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Plaintiff made proposal to build sanitary sewer extension to a residential development, which would require installation of trunk line running beneath property belonging to Defendant condominiums. Plaintiff sought permanent easement and temporary construction easement from condominiums, and filed complaint for condemnation. Court dismissed complaint on grounds that ordinance authorizing construction of project failed to state that a taking of Defendant's property was necessary and failed to describe with reasonable certainty the property sought to be taken. Plaintiff enacted another ordinance to cure deficiencies, and filed new condemnation action. After bench trial, court found $1,350 was just compensation for easements. Court properly found that project was necessary and properly denied Defendant's traverse and motion to dismiss. Court properly excluded as hearsay testimony by condominium resident as to landscape architect's estimate to restore Defendant's property after installation of trunk line. (SCHOSTOK and ZENOFF, concurring.)

Greenpoint Mortgage Funding, Inc. v. Poniewozik

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 132864
Decision Date: 
Monday, December 8, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Defendant filed Section 2-1401 Petition seeking to quash service in foreclosure proceeding. Section 15-1505.6 of Mortgage Foreclosure Law, to object to personal jurisdiction, is a procedural change in the law, and it applies retroactively. By changing deadline for when a party must move to quash service, law prescribes method of enforcing rights and directs how a suit proceeds. Waiting more than 60 days after appearing or participating in hearing causes waiver of objection to personal jurisdiction. (DELORT and HARRIS, concurring.)

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.