The Court also ruled that the mortgagor's petition to vacate was not subject to a "diligence" requirement, because mortgagor's claim derived from an alleged legal error rather than newly discovered facts, or improper service of process.
Servicer obtained a judgment of foreclosure against Borrower. The property was later sold at a sheriff's sale. The trial court approved the sale and granted Servicer's motion for an order of possession of the property.
Borrower subsequently filed a petition under section 2-1401 of the Illinois Code of Civil Procedure ("Section 2-1401") to vacate the order approving the foreclosure sale and granting Servicer possession. In her petition, Borrower argued that, because Servicer was not formally the assignee of the mortgage when it sent the Notice, the Notice was flawed and the foreclosure action and judgment against her were thus improper.
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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