Plaintiff appealed from a trial court order dismissing its complaint for strict foreclosure. On appeal, plaintiff argued that it stated a legally cognizable claim for strict foreclosure under the Mortgage Foreclosure Law. Plaintiff also argued that the trial court erred in dismissing its complaint with prejudice. The appellate court affirmed the dismissal of the complaint, agreeing with the trial court that the Foreclosure Law applied only to omitted subordinate lien interests attached to the properties and not to the fee simple ownership interests claimed by defendants, but vacated the “with prejudice” portion of the dismissal, finding that the trial court abused its discretion in dismissing the complaint with prejudice. (McLAREN and MULLEN, concurring)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure Law