Publications

Nationstar Mortgage, LLC v. Canale

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (2d) 130676
Decision Date: 
Wednesday, April 9, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Court confirmed judicial sale of property in foreclosure action. Plaintiff's failure to plead its standing did not deprive court of subject matter jurisdiction. Even if Plaintiff lacked standing, it presented a "justiciable matter", as a foreclosure case is within general class of cases that court has inherent power to hear and determine. Once a plaintiff has moved to confirm a judicial sale, Defendant must satisfy standard of "justice" under Section 15-1508(b)(iv) of foreclosure statute. (McLAREN and HUDSON, concurring.)