Plaintiff initiated legal proceedings seeking to foreclose and reform a mortgage concerning residential property located in East St. Louis. The mortgagor died prior to the commencement of the action but before her death, the defendant had executed and recorded a quitclaim deed transferring the property to defendant and his siblings as tenants in common. Defendant argued that the mortgage should have been discharged upon the mortgagor’s death because she merely reserved a life estate and that the plaintiff’s actions constituted fraudulent and deceptive practices under the Consumer Fraud and Deceptive Business Practices Act. The circuit court granted the plaintiff’s motion, finding that the deed was testamentary in nature and that defendant did not bring forth sufficient facts in support of his counterclaim. The appellate court reversed the order granting summary judgment in favor of the plaintiff and denying defendant’s motion for summary judgment on his first affirmative defense by finding that the deed conveyed immediate title to defendant in fee simple as a tenant in common while reserving a life estate so that upon the decedent’s death the mortgage was extinguished and vacated any orders that adversely affected defendant’s interest in the property. (McHANEY and SHOLAR, concurring)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure