Appellate Court of Illinois

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JP Morgan Chase Bank v. Fankhauser, 2-07-0140

An order confirming the sale and distribution of real estate to the intervenor-appellee as the winning bidder at a sheriff's sale in a foreclosure action against the defendants is affirmed in part, vacated and remanded in part where: 1) a judgment of foreclosure is final and immediately appealable where it contains language pursuant to Rule 304(a); 2) the trial court properly considered the motion by the defendant as one seeking relief pursuant to section 2-1401 of the code since it was filed more than 30 days after the entry of the final judgement; 3) the court did not abuse its discretion when it determined on reconsideration that defendant-appellant was not entitled to relief under 2-1401 due to lack of diligence; and 4) the order confirming the judicial sale is vacated and remanded for an evidentiary hearing since the court failed to conduct a hearing as to the conscionability of the sale and whether justice was done.

Appellate Information

  • Decided 06/04/2008
  • Published 06/06/2008

Judges

  • Justice HUTCHINSON delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Diana Athanasopoulos, Pierce & Associates, P.C., James V. Noonan, Jonathan D. Nusgart, Noonan & Lieberman, Ltd., Chicago, for Breck Fankhauser, Elaine Fankhauser, Lea Georgas, Steve L. Georgas and National City Mortgage Co., Kenneth Kline Shaw Jr., Stanely W. Papuga, Charanne M. Papuga, Kropik, Papuga & Shaw, Chicago, for JP Morgan Chase Bank., Steven B. Bashaw, Steven B. Bashaw, P.C., Lisle, for Pathfinder Holdings, LLC.