PNC Bank v. Krier

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (3d) 140639
Decision Date: 
Monday, August 24, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Court properly granted summary judgment for Plaintiff Bank and entered judgment for foreclosure and sale against Defendant homeowner. Defendant's Motion to Vacate Judgment was filed after completion of judicial sale and filing of Bank's motion to confirm sale. To vacate both sale and judgment of foreclosure, borrower must do more than merely raise meritorious defense to underlying foreclosure complaint. Record does not show that Bank prevented Defendant from raising meritorious defense of fraud, or that "justice was not otherwise done". (CARTER and LYTTON, concurring.)