In a mortgage foreclosure action, defendants appealed following the circuit court’s entry of an order approving the sale of the property in question in favor of the plaintiff. On appeal, defendants argued that the circuit court erred in granting summary judgment and judgment of foreclosure where plaintiff's affidavit of amounts due and owing failed to meet the standards of SCR 191 and that the trial court abused its discretion in denying the defendants’ motion to stay the sale and in granting plaintiff’s motion for an order approving report of sale and distribution where it did not demonstrate the proper standing to sue. The appellate court affirmed, finding that the defendants’ challenges to plaintiff's affidavits and standing were without merit. (MIKVA and NAVARRO, concurring)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure