BMO Harris Bank, N.A. v. Jackson Towers Condominium Assoc.

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2018 IL App (1st) 170781
Decision Date: 
Friday, June 29, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div,
Holding: 
Affirmed.
Justice: 
ROCHFORD

Bank filed foreclosure as to condominium unit and later was successful bidder at judicial foreclosure sale. Court properly dismissed declaratory judgment action filed by bank, as its payments of postsale assessments were untimely and thus failed to confirm extinguishment of lien of condo association for delinquent presale assessments under Section 9(g)(3) of Condominium Property Act. Bank cannot use declaratory judgment process to contest validity of a lien for presale assessments that has already been satisfied by payment by bank. (REYES and HALL, concurring.)