Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rosestone Investments, LLC v. Garner

Court of Appeals of Illinois, First District, Fourth Division

November 7, 2013

ROSESTONE INVESTMENTS, LLC, Assignee of Aurora Loan Services, LLC, Plaintiff-Appellee,
v.
JAMES GARNER, Defendant-Appellant.

Opinion withdrawn December 2, 2013

Opinion filed December 12, 2013

Rehearing denied January 14, 2014

Held [*]

Upon consideration of defendant’s baseless and inadequate pro se appeal from the trial court’s order in a mortgage foreclosure case confirming the sale of defendant’s property, the trial court’s order was affirmed, since plaintiff’s filings resolved any issues as to its standing to institute the foreclosure action, defendant waived any right to contest service of process, and the record refuted defendant’s claims that the redemption period was “fraudulently shortened” and that the record was “insufficient.”

Appeal from the Circuit Court of Cook County, No. 08-CH-34917; the Hon. Jean Prendergast Rooney, Judge, presiding.

James Garner, of Chicago, appellant pro se.

No brief filed for appellee.

JUSTICE FITZGERALD SMITH delivered the judgment of the court, with opinion. Justices Lavin and Epstein concurred in the judgment and opinion.

OPINION

FITZGERALD SMITH JUSTICE

¶ 1 The instant cause involves a mortgage foreclosure case that has been ongoing for several years. Ultimately, defendant-appellant James Garner (defendant) appeals pro se from a trial court order confirming the sale of the subject property. He raises myriad contentions for our review and, throughout his brief on appeal, makes several accusations of impropriety against opposing counsel and the multiple trial court judges before whom his case appeared. As for the relief he seeks, he asks that we reverse several of the trial court's orders and judgments, remand the matter with directions to dismiss the foreclosure case in its entirety, and for any other relief deemed appropriate. For its part, plaintiff-appellee Rosestone Investments, LLC (plaintiff), which obtained the order of sale from the trial court, has chosen not to file a brief in this cause. Therefore, we consider the instant appeal on appellant's brief only, pursuant to First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill.2d 128, 133 (1976). For the following reasons, we affirm.

¶ 2 BACKGROUND

¶ 3 As we will discuss in more detail below, defendant's brief on appeal is woefully inadequate. With particular relevance to our effort to set forth the facts of this cause, we note that his "Statement of Facts" section, while containing record citations (though not always correct ones), comprises nothing more than a continuous rendition of his arguments and allegations of fraud and "unfairness" perpetuated against him by the trial court, plaintiff and plaintiff's counsel, all because he "has been targeted by the Democratic Machine for more than a decade." For this reason, we note that we present only those facts most relevant to our decision here and that we have taken them directly from the record.

ΒΆ 4 The property at issue is located at 5114 South Damen Avenue in Chicago. Plaintiff filed its complaint to foreclose mortgage against defendant on September 19, 2008. As per the complaint, Resmae Mortgage Corporation held the original note on the mortgage, which was then transferred through "Mortgage Electronic Registration Systems" (MERS) and assigned to Aurora Loan Services, LLC. Eventually, the note was assigned to plaintiff Rosestone Investments, LLC, as the assignee of Aurora Loan ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.