Deutsche Bank National Trust v. Snick
2011 IL App (3d) 100436
| Ill. App. Ct. | 2011Background
- Deutsche Bank filed foreclosure on a $750,000 mortgage on March 1, 2007, alleging Bank as legal holder or servicing agent.
- Snick defaulted; a default judgment of foreclosure and sale was entered June 18, 2007 with a finality clause for enforcement or appeal.
- Between 2007 and 2009 Snick filed five emergency motions to stay the sale; final motion denied December 16, 2009; sale occurred thereafter.
- Bank sought approval of the sale; Snick opposed standing only after the sale; trial court denied timely standing challenge as untimely.
- Snick moved under 2-1203 to vacate the sale order; trial court denied; Snick appealed challenging the sale approval.
- Appellate court held the sale order was not abused; standing issue waived and 15-1508 limits to four grounds, none raised by Snick.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether standing timely objection was required | Snick waived standing by not raising earlier | Standing could be raised at sale approval stage | Waived; no abuse found |
| Whether the sale order was properly final and appealable | Foreclosure judgment was final and appealable; Rule 304(a) applies | Sale approval appeal independent from foreclosure judgment | Judgment was final and appealable; no error in sale approval |
| Whether the court could refuse confirmation under 15-1508 | Section 15-1508 provides four grounds for refusal, none raised | Trial court discretion under 15-1508 should permit refusal | No abuse; none of the four grounds found |
Key Cases Cited
- In re Marriage of Verdung, 126 Ill. 2d 542 (1989) (final, appealable status; Rule 304(a) considerations)
- Santana v. Zipperstein, 142 Ill. App. 3d 386 (1986) (foreclosure order final but not appealable without no-just-delay finding)
- Greer v. Illinois Housing Development Authority, 122 Ill. 2d 462 (1988) (waiver of affirmative defenses not timely raised)
- Mortgage Electronic Registration Systems, Inc. v. Barnes, 406 Ill. App. 3d 1 (2010) (standing as an affirmative defense; timely raising required)
- MERS v. Barnes, 406 Ill. App. 3d 1 (2010) (related to standing and foreclosure procedures)