BMO Bank, N.A. v. Zbroszczyk

In a mortgage foreclosure matter, plaintiff appealed after the trial court granted the defendant’s motion to dismiss in which defendant argued that the statute of limitations had expired because the last payment on any indebtedness occurred more than 10 years prior to the filing of the foreclosure complaint. The appellate court affirmed, finding that the trial court properly dismissed plaintiff’s complaint where the cause of action accrued more than five years prior to the filing of the foreclosure complaint and that the circuit court did not err by awarding attorney fees to defendant where there was no evidence that the award was an abuse of discretion. (LAMPKIN and D.B. WALKER, concurring)