In this case involving a real estate investment gone bad, the plaintiff sought damages and an injunction to prevent the sale of the property. The plaintiff also recorded a lis pendens against the property. The defendants moved to dismiss the complaint pursuant to §2-615 of the Code of Civil Procedure and to […]
This appeal to the Illinois Supreme Court involved a mortgage foreclosure. The trial court granted summary judgment to the mortgage company, entered a judgment of foreclosure and sale, and scheduled a judicial sale. The borrower filed an emergency motion to vacate the judgment of foreclosure. The trial court denied the […]
In a decision authored by Chief Justice Kilbride, the Illinois Supreme Court seemed a bit perturbed by what it called “the appellate court’s failure to follow proper procedure when filing modified opinions.” The particulars are laid out in the decision, but essentially what happened is that a panel of the […]
In a foreclosure action involving Chicago’s infamous “Block 37,” the circuit court entered judgment against the defendant mortgage guarantors. The judgment contained a Rule 304(a) finding of no just reason to delay enforcement or appeal. After the judgment was entered, the lender served citations to discover assets on the defendants. […]
As a general rule, the parties may never waive a defect in subject matter jurisdiction or bestow subject matter jurisdiction by agreement where it is lacking. But there is an exception to that rule. Another general rule is that the trial court loses jurisdiction over a matter once 30 days […]
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