Real Estate Law

In a mortgage foreclosure action, defendants appealed following the circuit court’s entry of an order approving the sale of the property in question in favor of the plaintiff. On appeal, defendants argued that the circuit court erred in granting summary judgment and judgment of foreclosure where plaintiff's affidavit of amounts due and owing failed to meet the standards of SCR 191 and that the trial court abused its discretion in denying the defendants’ motion to stay the sale and in granting plaintiff’s motion for an order approving report of sale and distribution where it did not demonstrate the proper standing to sue. The appellate court affirmed, finding that the defendants’ challenges to plaintiff's affidavits and standing were without merit. (MIKVA and NAVARRO, concurring)

Plaintiffs brought an action against defendant, a trustee of a revocable living trust, seeking declarative and injunctive relief based on a claim that they had acquired a prescriptive easement over a private road on defendant’s property that allowed them to access their own property. The trial court entered a preliminary injunction in favor of the plaintiffs and defendant filed an interlocutory appeal, arguing that the trial court abused its discretion in granting a preliminary injunction and in refusing to limit the scope of the preliminary injunction. The appellate court found no error and affirmed. (DOHERTY and GRISCHOW, concurring)

Plaintiff, a trustee to a land trust, filed a complaint to quiet title, arguing that a mortgage lien on the land trust was extinguished by operation of law after the expiration of the limitations period for both the debt and the mortgage and that this constituted a cloud on title. The parties filed cross-motions for summary judgment and the circuit court granted defendant’s motion, finding that the mortgage remained a valid lien on the property even when the debt was unenforceable and plaintiff appealed. The appellate court affirmed, finding that the expiration of the statute of limitations for enforcement of the note and mortgage did not extinguish the lien on plaintiff’s property. (MARTIN and D.B. WALKER, concurring)

Plaintiff filed a lawsuit alleging violations of the Chicago Residential Landlord and Tenant Ordinance pertaining to security deposits. The circuit court dismissed the action after defendants provided proof that plaintiff’s former roommate paid the entirety of the security deposit and plaintiff appealed. The appellate court affirmed, finding that plaintiff had no basis to assert a claim against the landlord where she did not pay any portion of the security deposit. (COBBS and LAVIN, concurring)