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NEWS

Illinois Appellate Court Holds that Substantial Compliance with Rule 113(c) will Suffice for Affidavits filed in Support of Judgment

Kluever & Platt recently obtained yet another significant victory for foreclosure plaintiffs in Illinois, this time concerning the form of affidavits used when moving for judgment in foreclosure cases. In the first substantive ruling on the issue, the court in U.S. Bank Nat'l Ass'n v. Khatuna Gagua, 2020 IL App (1st) 190454, addressed the issue of whether a foreclosure judgment affidavit was in "substantial compliance" with Illinois Supreme Court Rule 113(c).

Without Proof of Delivery, a Demand Letter Sent via Certified Mail Fails to Constitute Sufficient Notice under Most Mortgages

A recent Illinois appellate court decision reiterates that when accelerating the amounts owed on a past-due debt, the method for sending the demand letter sent must strictly comply with the terms of the loan documents. Following its holding in Cathay Bank v. Accetturo, 2016 IL App (1st) 152783, the appellate court in Deutsche Bank National Trust Company v. Roongseang, 2019 IL App (1st) 180948 held that the mortgagee failed to send a demand letter to the borrowers in accordance with the terms of the mortgage.

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