Appellate Court of Illinois

An order vacating the judicial mortgage foreclosure sale of property to intervenor after plaintiff obtained a leave to withdraw its motion to approve the sale after the mortgagors were able to effectuate a short sale is reverse and remanded where: 1) the trial court is justified in refusing to approve a judicial sale if unfairness is shown that is prejudicial to an interested party; 2) section 15-1508(b) does not revive the redemption period set forth in section 15-1605 once it has expired; and 3) the trial court abused its discretion since the private sale took place after the redemption deadline.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

• Justice HOFFMAN delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• (Stephen D. Richek, of counsel), Chicago, for Appellant.


• For Appellees:
  
• (Law Offices of Ira T. Nevel, of counsel), Chicago, for Appellee.