CitiMortgage, Inc. v. Johnson

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120719
Decision Date: 
July 26, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
SPENCE
Holding: 
Affirmed in part and reversed in part; remanded.
Bank filed foreclosure action against homeowners; court granted summary judgment for bank and sheriff's sale occurred but homeowners objected to confirmation of sale. Bank improperly failed to suspend sheriff's sale upon its receipt, at least 14 days prior, of homeowners' timely HAMP hardship application based on change in circumstances. A borrower's discharge from chapter 7 bankruptcy is a change in circumstance that can trigger continued eligibility for successive HAMP application under HAMP guideline 1.2. Court erred in confirming sale, based on bank's material violation under Section 15-1508(d-5) of Code of Civil Procedure by failing to suspend sale. (HUTCHINSON and BIRKETT, concurring.)