Real Estate Law

Bank of America, N.A. v. Adeyiga

Bank of America, N.A. v. Adeyiga
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 131252
Decision Date: 
Tuesday, September 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Remanded.
Justice: 
GORDON
(Court opinion corrected 9/30/14.) In mortgage foreclosure action, if a grace period notice was sent but Plaintiff did not wait 30 days to file its suit, judicial sale cannot be confirmed, and any judicial sale must be vacated per Section 15-1508 of Foreclosure Law, and case must be dismissed. If grace period notice was sent and Plaintiff waited 30 days before filing suit, then judicial sale may be confirmed. (PALMER and McBRIDE, concurring.)

JPMorgan Chase Bank National Ass'n v. Ivanov

JPMorgan Chase Bank National Ass'n v. Ivanov
Illinois Appellate Court
Civil Court
Diligence of Service
Citation
Case Number: 
2014 IL App (1st) 133553
Decision Date: 
Friday, September 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
(Court opinion corrected 10/7/14.) Court erred in entering order confirming sale of condominium in mortgage foreclosure action. Court failed to obtain personal jurisdiction over Defendant because Plaintiff failed to meet statutory prerequisites for service by publication under Section 2-206 of Code of Civil Procedure. Plaintiff bank failed to demonstrate well-directed effort to ascertain whereabouts of Defendant by inquiry as full as circumstances permitted. Defendant met burden of showing that he could have been found upon due inquiry, and court erred in disregarding Defendant's two affidavits as to his personal knowledge of his residence. Thus, service by publication is quashed. (PALMER and TAYLOR, concurring.)

Bank of America, N.A. v. Higgin

Bank of America, N.A. v. Higgin
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (2d) 131302
Decision Date: 
Friday, September 26, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed as modified.
Justice: 
McLAREN
Under Mortgage Foreclosure provisions, a plaintiff can recover fees and costs through the end of proceedings, but only up until time of sale, as payments after protect the buyer's interests, not the mortgagee's interests. Sale surplus should thus be granted to Defendants. (JORGENSEN and SPENCE, concurring.)

Nationwide Financial, L.P. v. Pobuda

Nationwide Financial, L.P. v. Pobuda
Illinois Supreme Court
Civil Court
Easements
Citation
Case Number: 
2014 IL 116717
Decision Date: 
Thursday, September 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed; remanded.
Justice: 
THOMAS
Court erred in entering summary judgment for adjacent landowner which had filed declaratory judgment action claiming that neighboring landowners' use of a strip of its land amounted to trespass. Neighboring landowners satisfied elements of exclusivity and adversity necessary to establish claim for prescriptive easement. Although exclusivity is an element of a prescriptive easement claim, it does not require that claimant prove that titleholder was altogether deprived of possession and/or use of property during the 20-year period. Given absence of evidence that origin of the way was merely permissive, the presumption is that of a right or grant based on long acquiescence of owners on whose land the way is located. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)

Deutsche Bank National Trust v. Cichosz

Deutsche Bank National Trust v. Cichosz
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 131387
Decision Date: 
Wednesday, September 10, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN
Court entered summary judgment for bank in foreclosure action, and confirmed sale and distribution of property of defendant homeowners. Defendants argued that all orders relating to foreclosure are void because MERS, the original plaintiff and mortgagee, operated as unregistered "debt collection agency" under Collection Agency Act. Defendants failed to set forth sufficient facts to establish that MERS is subject to Collection Agency Act, or that type of loan servicing done by MERS is equivalent to debt collection, or that inquiry is relevant as MERS is no longer plaintiff on record. (HOWSE and FITZGERALD SMITH, concurring.)

CitiMortgage, Inc. v. Moran

CitiMortgage, Inc. v. Moran
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 132430
Decision Date: 
Friday, August 29, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
Bank filed mortgage foreclosure action, and one Defendant filed Section 2-619 motion to dismiss for lack of standing, on grounds that bank did not produce valid assignment of note and mortgage. Court properly entered default order against that Defendant. Although Defendant had never set his motion for hearing, motion had no merit, as he failed to provide appellate court with transcript of proceedings, and it is reasonable to conclude that trial court reviewed note and mortgage attached to complaint. Illinois Mortgage Foreclosure Law does not require plaintiff to submit any specific documentation demonstrating that it owns the note or right to foreclose on mortgage, other than copy of mortgage and note attached to complaint. (PALMER and TAYLOR, concurring.)

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.
Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2014 IL App (2d) 131311
Decision Date: 
Tuesday, September 2, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Certified question answered; remanded.
Justice: 
BURKE
Section 12 of Condominium Property Act does not impose on an insurance producer a duty giving rise to a statutory cause of action against that insurance producer. Section 12(a)(1) of that Act is intended to regulate insurance obligations of boards of managers of condo associations by specifying types of insurance boards are required to procure and when they must reassess their insurance needs.(ZENOFF and SCHOSTOK, concurring.)

Oviedo v. 1270 S. Blue Island Condominium Association

Oviedo v. 1270 S. Blue Island Condominium Association
Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2014 IL App (1st) 133460
Decision Date: 
Wednesday, August 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed in part and vacated in part; remanded.
Justice: 
MASON
Owner of condo in three-unit building alleged breach of fiduciary duty and violations of municipal codes and statutes as to inspection of Condo Association records. Court erred in granting partial summary judgment in two counts, because Plaintiff failed to satisfy proper purpose requirement, and Condo Association made requested records available for inspection within 30 business days as required by Condominium Act. Proper purpose requirement in Condominium Act and Not for Profit Act fills the gap as to requirement in Municipal Code, and Defendant failed to satisfy requirement that his request was made for a proper purpose. (NEVILLE and PUCINSKI, concurring.)

House Bill 4783

Topic: 
Condominium Property Act
(E. Chris Welch, D-Westchester; Steans, D-Chicago) was signed into law yesterday. It makes the following declarations unenforceable if they affect the common elements or more than one unit and require any of the following before the board can take legal action on behalf of the association: (1) consent of a percentage of unit owners; (2) arbitration; (3) mediation before an action may be filed in court; or (4) a restriction or delay in the board's ability to bring an action affecting the common elements or more than one unit. An otherwise unenforceable provision may be enforced after the election of the first-unit owner board of managers if it is approved by a unit-owner percentage vote of not less than 75 percent of the total in the aggregate of the undivided ownership of the common elements. Effective January 1, 2015.
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Public Act 98-1030

Topic: 
The Home Repair and Construction Task Force
(Williams, D-Chicago; Koehler, D-Peoria) creates the the Home Repair and Construction Task Force to study whether Illinois should enact legislation that requires home repair and construction contractors to be licensed by the State before being able to offer home repair and construction services and what are the qualifications that contractors must meet before being licensed. The Task Force must report back to the Illinois General Assembly on or before Nov. 1, 2015.
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