Reverse Mortgage Solutions, Inc. v. Rahman

Illinois Appellate Court
Civil Court
Foreclosures
Citation
Case Number: 
2017 IL App (1st) 161035
Decision Date: 
Tuesday, June 6, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
HYMAN

Plaintiff company tried to foreclose on property after homeowners died, but their daughter fought foreclosure. Quitclaim deed of husband, conveying property to his wife, contains a sufficient description of property to convey it. After wife died intestate, husband inherited some portion of property through wife's estate, which he was able to convey through mortgage. Plaintiff alleged sufficient facts and it is unknown how much husband inherited as probate estate was not opened immediately after wife's death. Section 2-619 dismissal was error; remanded for proceedings including discovery. (PIERCE and MASON, concurring.)