Bayview Loan Servicing, LLC v. 2010 Real Estate Foreclosure, LLC

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (1st) 120711
Decision Date: 
June 25, 2013
1st Dist.
Cook Co., 2d Div.
Mortgage foreclosure action filed, and court denied intervenor's motion to vacate confirmation of judicial sale. Plaintiff invoked mandatory obligations under 15-1508(b) of Foreclosure Law when it properly motioned for confirmation of Sale. Intervenor failed to carry its burden of proving that sufficient grounds existed to vacate confirmation of sale, as intervenor failed to show that "justice was otherwise not done" in sale, per Section 15-1508(b) of Foreclosure Law. Intervenor relied solely on County recorder of deeds website rather than reviewing the lis pendens itself, which lists mortgage at issue as mortgage to be foreclosed, and lists second mortgage under title "other parties of interest". (CONNORS and SIMON, concurring.)