Rosestone Investments, LLC v. Garner

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 123422
Decision Date: 
November 7, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
FITZGERALD SMITH
Holding: 
Affirmed.
Former homeowner appealed pro se from order confirming sale of foreclosed property. Foreclosure complaint which would be void ab initio because plaintiff did not have legal standing at time of filing can be cured with amendment naming proper plaintiff. As standing is affirmative defense, burden is on defendant to prove that plaintiff does not have standing. That a copy of note is attached to complaint is prima facie evidence that plaintiff owns the note. Plaintiff properly filed motion to shorten redemption period to 30 days from date of judgment, asserting that property had been abandoned, as Defendant had up to then refused to answer complaint and then denied any interest in property; however, court denied motion and redemption period remained three months from date of entry of foreclosure. (LAVIN and EPSTEIN, concurring.)