Wells Fargo Bank, N.A. v. McCluskey

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (2d) 110961
Decision Date: 
November 2, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Reversed and remanded with directions.
Court abused its discretion in concluding that homeowner had waived her right to file a Section 2-1301(e) motion when she withdrew her earlier Section 2-1301(e) motion in exchange for a 75-day stay of judicial sale. Whether to grant such motion is within court's discretion, and court is to consider diligence of moving party and existence of any meritorious defenses. Court may consider a defendant's Section 2-1301(e) motion even after judicial sale has occurred. (ZENOFF and HUDSON, concurring.)