Real Estate Law

Court properly granted summary judgment against Defendants on claims that they breached a written guaranty as to loan agreements related to property in DuPage County.  The claims, although based on same guaranty that provided basis for similar claims against them in Kane County, arose out of separate transactions, res judicata does not apply.(BURKE and HUDSON, concurring.)

Court properly denied Defendant condo unit owner'smotion to quash service. Defendant presented affidavit and other documents challenging service, stating that person who accepted service of forcible eviction and detainer summons and complaint was not a member of household.  Process server testified that this person answered the door and identified herself as Defendant's mother and as a member of household. Documents Defendant provided did not definitively show that person served was not Defendant's mother and did not reside at residence. Court's finding was not against manifest weight of evidence. (McLAREN and SPENCER, concurring.)

The implied warranty of habitability may not be extended to a second purchaser of a house when a valid, bargained-for waiver of the warranty was executed between the builder-vendor and the first purchaser. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)

Under the Chicago Residential Landlord and Tenant Ordinance (RLTO), a tenant who sues for violation of RLTO and prevails is entitled to reasonable attorney fees and all court costs related to that action. The fee-shifting provision of the RLTO applies to a postjudgment petition, brought under Section 2-1401, attacking that result. Thus, the tenant is entitled to fees and costs for successfully opposing postjudgment petition in circuit court.(McBRIDE and COBBS, concurring.)

An allegation that a plaintiff is a mortgagee pursuant to Section 15-1208 of Mortgage Foreclosure Law is sufficient to plead capacity to sue. By attaching copies of mortgage and a note endorsed in blank to the complaint, Plaintiff sufficiently pled that it was bringing suit in the capacity of legal holder of the indebtedness.(GORDON and LAMPKIN, concurring.) 

Condominium association won a judgment and order for possession for Defendant's condominium due to her failure to pay $1,863 in assessments for common expenses. Court denied Defendant's 9 motions to vacate judgment. Evidence was presented of existence of a balance owed and a signed lease. Forcible Entry and Detainer Act does not mandate evidentiary hearing, but only sufficient evidence adduced by movant that judgment has been cured and property has not been leased. Defendant's attempt to pay outstanding balance 2 months after her eviction is sufficient evidence that she had not cured default. Court's order denying Defendant's motion to vacate was supported by evidence and is not against manifest weight of evidence, as Defendant had not cured judgment and property had been leased. (MASON and LAVIN, concurring.)