JP Morgan Chase Bank, N.A. v. Bank of America, N.A.

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (1st) 140428
Decision Date: 
Tuesday, December 16, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and dismissed in part.
Justice: 
LIU
Bank filed foreclosure suit against several Defendants, including a junior mortgagee, all defaulted in underlying action. Appellate court lacks jurisdiction to review order denying motion to vacate default, as Defendant failed to file notice of appeal within 30 days of entry of that order. Court properly awarded to intervenor surplus proceeds from judicial sale after default judgment against Defendant that terminated Defendant's mortgage interest. Defendant was not entitled to award of surplus proceeds because it had no valid lien as result of its default. (SIMON and NEVILLE, concurring.)