Real Estate Law

Plaintiff bank filed mortgage foreclosure complaint, and after default and sale, court denied bank's request for personal deficiency judgment, finding that Defendant was not personally served. A personal deficiency judgment may be entered against a defendant who failed to appear in foreclosure action after abode service. "Personal service" requirement in Foreclosure Law encompasses both actual personal service upon the defendant and abode service. (HALL and KARNEZIS, concurring.)

Neighbors disputed ownership of a narrow triangle-shaped piece of driveway. Appellate Court had earlier held that Plaintiffs had acquired land not by deed but by adverse possession, and affirmed trial court's judgment in part and reversed it in part, without remand. Trial court then entered Judgment Order as to Defendant, and Default Judgment Order as to unknown owners and nonrecord claimants. Defendant appealed both Orders, but Appellate Court here upholds both Orders, as they caused Defendant no prejudice, and only echoed Appellate Court's prior holdings, and as res judicata bars Defendant from relitigating ownership of land. Default Judgment Order does not concern Defendant, and nonjoinder of certain beneficiaries does not make judgment against Defendant void. (POPE, concurring; TURNER, specially concurring.)

Homeowners in same subdivision filed suit alleging that majority of lot behind house cannot be used to build structures due to utility easement, claiming fraud and misrepresentation. Question of fact exists as to negligent misrepresentations against brokers, and as to fraud. Promissory estoppel is unavailable as parties have acknowledged existence of contracts to purchase real estate. (DONOVAN and GOLDENHERSH, concurring.)

Defendant filed eviction action, and Plaintiff filed claim to quiet title which court dismissed with prejudice, and allowed eviction case to proceed. Court did not make determination of title in eviction proceeding, but found only that Defendant was entitled to possession of property and did not find that Defendant had superior claim of title. Thus, because issue of title was not decided in eviction proceeding, appeal of quiet title action is not barred by collateral estoppel. Cook County probate court did not lack power to determine title as to Du Page County real estate. Plaintiff's claim to title was not barred by res judicata, as it was through a separate trust deed executed by her mother, and thus she did not have absolute duty to file action to quiet title within probate proceeding. (HUTCHINSON and BURKE, concurring.)

Circuit court had jurisdiction to enter summary judgment in favor of Township and against State in action to quiet title, in dispute over parties' property rights as to two parcels of property described as a "public square" in Plat of 1860. Although Township's request to quiet title as to claim of ownership by State should not have been initiated in circuit court, State filed its own complaint to quiet title, thereby affirmatively invoking circuit court's jurisdiction in aid of its claim. (KILBRIDE, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)

(Court opinion corrected 12/9/11.) Court granted Trust's Section 2-1401 petition to vacate tax deed, but denied Trust's request for money damages. Court properly found, under law of the case doctrine, that corporation was not a bona fide purchaser for value, as the issue had already been decided. Court properly denied request for money damages, as Trust failed to establish what damages it incurred per terms of recapture agreement. (BOWMAN and ZENOFF, concurring.)