Urban Partnership Bank v. Chicago Title Land & Trust Co.
2017 IL App (1st) 162086
| Ill. App. Ct. | 2017Background
- Martha Burns created a land trust for 4806 St. Charles Road; upon her death, rights passed to Marcella Wuertenberger and others.
- Urban Partnership Bank held the mortgage on the trust property, and Burns/Trust defaulted around Nov. 2014.
- UPB filed a foreclosure complaint naming CTLT as trustee, unknown owners, and nonrecord claimants; notice was published in 2015.
- Judgment of foreclosure was entered April 20, 2016; judicial sale occurred May 26, 2016; sale was confirmed June 21, 2016.
- Wuertenberger sought leave to intervene and to vacate the foreclosure-related orders two days after sale confirmation.
- Trial court denied intervention and denied as moot the motion to vacate; Wuertenberger appeals challenging jurisdiction and intervention denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in denying intervention | Wuertenberger argues CTLT cannot fully protect her interests. | UPB/CTLT contends intervention was untimely and not warranted after sale confirmation. | No abuse; denial upheld; intervention untimely post-confirmation. |
| Whether trial court lacked subject matter jurisdiction | Foreclosure against decedents nullifies jurisdiction. | Foreclosure proceeded against CTLT and others, not the decedents; jurisdiction exists. | Subject matter jurisdiction existed; orders not void. |
| Whether failure to name beneficiaries defeats intervention rights | Beneficiary interests not protected by trustee justify intervention. | Foreclosure Law allows intervention by interested parties who have rights; nonparty naming not fatal to court power. | Beneficiary need not be named; but intervention denied on timing/limits under Foreclosure Law. |
| Whether disposition after sale precludes relief or vacatur | Motion to vacate could be pursued after sale if justified. | Vacatur requires compliance with 15-1508(b) prerequisites; post-sale motion untimely. | Court’s sale confirmation not vacated; no basis to vacate under 15-1508(b). |
Key Cases Cited
- ABN AMRO Mortgage Group, Inc. v. McGahan, 237 Ill. 2d 526 (2010) (lack of party status not fatal to jurisdiction; distinction for foreclosures)
- In re M.W., 232 Ill. 2d 408 (2009) (justiciability and matter of jurisdiction concepts in foreclosure)
- In re Application of the County Collector of Du Page County for Judgment for Delinquent Taxes for the Year 1992, 181 Ill. 2d 237 (1998) (discretion in determining right to intervene)
- Hickey v. Union National Bank & Trust Co. of Joliet, 190 Ill. App. 3d 186 (1989) (land trust beneficiaries not always necessary parties to foreclosure)
- Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (2013) (post-judgment relief and sale proceedings; vacatur standards)
- Nationstar Mortgage, LLC v. Canale, 2014 IL App (2d) 130676 (2014) (foreclosure courts have inherent power to hear foreclosure cases)