A.J. Smith Federal Savings Bank v. Sabuco

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120578
Decision Date: 
May 10, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
LYTTON
Holding: 
Appeal dismissed.
Defendant, who received loan from Plaintiff bank secured by mortgage on a commercial office building, filed motion for release and satisfaction from deficiency judgment, after mortgage foreclosure proceeding and just prior to wage deduction hearing. Motion was an attack on the judgment underlying the wage deduction proceeding, which could be made at that hearing. As validity of underlying judgment will not be finally decided until hearing, order denying motion for accord and satisfaction is interlocutory and not appealable, and thus appellate court lacks jurisdiction to consider order denying motion. WRIGHT and HOLDRIDGE, concurring.)