Bank of America, N.A. v. Land

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (5th) 120283
Decision Date: 
July 31, 2013
District: 
5th Dist.
Division/County: 
Johnson Co.
Justice: 
WEXSTTEN
Holding: 
Affirmed.
Bank filed foreclosure action and properly granted bank's motion for summary judgment, relying on bank's calculations of mortgage loan balance, as homeowners did not submit counteraffidavit contradicting bank's affidavit. Homeowners lacked standing to make speculative argument that PMI might have reduced their loan balance, and waived their objection to award of attorney fees and costs as they failed to request a hearing and were on notice that court might award attorney fees and costs as part of its final judgment but did not object. (SPOMER and STEWART, concurring.)