Crown Mortgage Company v. Young

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122363
Decision Date: 
March 18, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
HOFFMAN
Holding: 
Affirmed.
After foreclosure, judicial sale yielded surplus of $14,000. Homeowner defendant never claimed surplus on her own, but Plaintiff company filed petition for turnover of surplus, stating that it had promised Defendant $50, as Defendant had assigned company half her interest in funds. Contract was unenforceable, as it was procedurally and substantively unconscionable, given inequality in parties' abilities to understand transaction, and large cost-price disparity. (ROCHFORD, concurring; DELORT, concurring and specially concurring.)