Wells Fargo Bank, N.A., v. McCluskey

Illinois Supreme Court
Civil Court
Case Number: 
2013 IL 115469
Decision Date: 
November 21, 2013
2d Dist.
Du Page Co.
Appellate court reversed; circuit court affirmed.
After a motion to confirm judicial sale has been filed, the Foreclosure Law, rather than the Code of Civil Procedure, governs the mode of procedure as to a party's motion to vacate underlying default judgment of foreclosure. Where mandatory provisions of Section 15-1508(b) of Foreclosure Law had not yet been triggered, as judicial sale had not yet been confirmed, court could properly entertain motion to vacate under standards of Section 2-1301(e) of Code of Civil Procedure. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, and BURKE, concurring.)