Partners for Payment Relief DE IV, LLC v. Daily

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2019 IL App (3d) 170640
Decision Date: 
Wednesday, April 10, 2019
District: 
3d Dist.
Division/County: 
Bureau Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
O'BRIEN

Plaintiff, an assignee of the mortgagee, filed mortgage foreclosure complaint, alleging that mortgagor had not paid on the mortgage (which was a 2nd mortgage) for 10 years. Defendant filed a 3rd-party complaint against his bankruptcy attorneys for legal malpractice for having failed to timely seek a discharge of the subject mortgage. Third party claims are all claims against attorneys arising out of actions or omissions in performance of professional services. Thus, the 2-year statute of limitations of section 13-214.3 of Code of Civil procedure governs.  Court erred in not granting Defendant leave to amend his 3rd-party complaint as malpractice may have continued beyond date originally stated, and also to include allegations of equitable estoppel.(McDADE and WRIGHT, concurring.)