· 6/4/2008
JP Morgan Chase Bank v. Fankhauser
Citations
- 890 N.E.2d 592
- 383 Ill. App. 3d 254
- 321 Ill. Dec. 870
- 2008 Ill. App. LEXIS 537
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, when a section 2-1301 motion to vacate was filed more than 30 days after entry of final judgment, the trial court was correct to construe it as a section 2-1401 petition
- finding that an evidentiary hearing was necessary because the party opposing the sale provided a broker’s opinion as to the value of the property, which was drastically higher than the sale price
- “Illinois courts have generally held that mere inadequacy of price is not sufficient to disturb a judicial sale unless there were some other irregularities.”
- “A judgment of foreclosure is not final and appealable because it does not dispose of all the issues between the parties and it does not terminate the litigation.”
- no evidence of unfair, unjust, or unconscionable circumstances where, although the plaintiff did not provide movant with notice of entry of judgments for default and foreclosure, plaintiff provided notice of the hearing at which such judgments were entered
- movant failed to show diligence where the record showed that it continually received notices of proceedings, including a notice of its motion for entry of foreclosure judgment, notice of foreclosure sale, and notice of motion to confirm the foreclosure sale
Source: CourtListener parenthetical corpus (CC0).
Judges: Hutchinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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