Appeal of a mortgage foreclosure action involving a deceased mortgagor. The administrator of the estate and one of the heirs filed an affirmative defense alleging that the mortgagor was mentally incompetent to execute the mortgage documents and the circuit court struck the affirmative defense. Defendants appealed from that order as well as the order of foreclosure and sale and the order approving the judicial sale of the property. The appellate court reversed the order striking the affirmative defense, vacated the orders of foreclosure and sale and approving the judicial sale of the property by finding that the trial court erred in striking the properly pleaded affirmative defense and that this denied the defendants a fair opportunity to properly frame their defense of incapacity. (MITCHELL and LYLE, concurring)
Illinois Appellate Court
Civil Court
Affirmative Defenses