In this mortgage foreclosure action, the Court entered an order approving the sale of property in favor of the plaintiff bank. However, the defendant borrower had entered into a loan modification agreement with the bank prior to the sale. On appeal, the Court concluded that the trial court should have conducted an evidentiary hearing as to status of borrower’s loan modification prior to confirming the sale. That said, the Court also concluded that because a deed conveying title to the property was executed after confirmation of the sale and recorded by the Recorder of Deeds, title to the property had vested to a 3rd party, and thus the borrower’s claim was barred with the exception of the borrower’s claim to any surplus.
Deutsche Bank National Trust Co. vs. Cortez, 2020 IL App (1st) 192234
Illinois Mortgage Foreclosure and Question Over a Loan Modification