Issue: Under the Mortgage Foreclosure Law in Illinois, when is a party barred from challenging a judgment of foreclosure?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure, Real Estate|
|Keywords:||; Mortgage Foreclosure Law; Challenge Judgement; Deed|
[statref]Section 15-1509 (a)[/statref] of the Mortgage Foreclosure Law provides:
"After (i) confirmation of the sale, and (ii) payment of the purchase price and any other amounts required to be paid by the purchaser at sale, the court shall upon the request of the holder of the certificate of sale promptly execute a deed to the holder or purchaser sufficient to convey title. Such deed shall identify the court and the caption of the case in which judgment was entered authorizing issuance of the deed. Signature and the recital in the deed of the title or authority of the person signing the deed as grantor, of authority pursuant to the judgment and of the giving of the notices required by this Article is sufficient proof of the facts recited and of such authority to execute the deed." [statref]735 ILCS 5/15-1509 (a) (West 2010)[/statref].
Further, section [statref]15-1509 (c)[/statref] provides: "Any vesting of title by deed pursuant to subsection (b) of Section 15-1509, unless otherwise specified in the judgment of foreclosure, shall be an entire bar of (i) all claims of parties to the foreclosure." [statref]735 ILCS 5/15-1509 (c) (West 2010)[statref].
Wells Fargo Bank, N.A. v. Luther, No. 1-15-1004, 2016.IL.000263 (Feb. 2, 2016) (VersusLaw).
Date: March 1, 2016