Illinois Appellate Court
Civil Court
Mortgage Foreclosure
In mortgage foreclosure action, court entered summary judgment for mortgage company, and confirmed judicial sale. Defendants' claim that they did not receive acceleration notice is not a proper affirmative defense but an assertion that a condition precedent was not satisfied prior to filing suit. Unsupported denial of receipt of acceleration notice is insufficient to create genuine issue of material fact to defeat summary judgment. TILA does not apply to loan modifications; thus, claimed failure of mortgage company to provide Defendant with notice of requirements of Illinois Mortgage Escrow Account Act gives rise to no claim under TILA. (PUCINSKI and LAVIN, concurring.)