Brandon Loggins

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JP Morgan vs. Bell Case Number:  2020 IL App (3d) 190128 Decision Date:  Wednesday, July 1, 2020 District:  3d Dist. Division/County:  Will Co.             A review of the recent Will County, Illinois case JP Morgan vs. Bell 2020 IL App (3d) 190128 (2020) raises two issues: Issue (s): Whether a deceased mortgagor is a necessary party in a foreclosure proceeding. Whether a recorded release and satisfaction of mortgage agreement and later a recorded certificate of error as to a release and satisfaction by same entity creates a genuine issue of material facts. The Illinois Code provides that the necessary parties…
A foreclosure can be a sprint or a marathon.    It is contingent on whether the homeowner will allow the bank to run its race (“aka the foreclosure process”) with opposition and hurdles or with a clear lane to the finish line.  In Illinois, the bank is required to go through the foreclosure process to obtain lawful possession of real estate after a homeowner has defaulted on its mortgage.  In foreclosure, a bank is required to file a complaint, obtain a judgment, conduct a sale, and have a judge confirm and approve the sale. While the minimum requirements may appear to…