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CitiMortgage, Inc. v. Bermudez

Court of Appeals of Illinois, First District, Sixth Division

January 24, 2014

CITIMORTGAGE, INC., Successor by Merger to ABN MRO Mortgage Group, Inc., Plaintiff-Appellee,
v.
JUANITA BERMUDEZ and HECTOR ACEVEDO, Defendants-Appellants

Page 269

[Copyrighted Material Omitted]

Page 270

Appeal from the Circuit Court of Cook County. No. 09 CH 37001. Honorable Darryl B. Simko, Judge Presiding.

Affirmed.

SYLLABUS

In mortgage foreclosure proceedings where defendants sought to set aside the sale of their home and the trial court's order confirming the sale based on their claim that they had sought assistance through the Home Affordable Modification Program, the trial court did not abuse its discretion in denying defendants' motion and confirming the sale, since defendants failed to prove by a preponderance of the evidence that they did apply for assistance under the program, despite the efforts that they made.

Al Hofeld, Jr., and Jeanne M. Charles, both of Law Offices of Al Hofeld, Jr., of Chicago, for appellants.

Michael Gilman, of Dykema Gossett PLLC, of Chicago, for appellee.

JUSTICE REYES delivered the judgment of the court, with opinion. Justices Hall and Lampkin concurred in the judgment and opinion.

OPINION

REYES, JUSTICE.

Page 271

[¶1] This appeal arises from a mortgage foreclosure action involving a property owned by defendants Juanita Bermudez (Bermudez) and Hector Acevedo (Acevedo) (collectively defendants).[1] Defendants sought to save their residence from foreclosure by obtaining assistance through the Home Affordable Modification Program (HAMP) a component of the Making Home Affordable Program (MHAP).[2] It was only after a judgment of foreclosure and sale was entered and the property was sold at a judicial sale that defendants appeared in the lawsuit.

[¶2] Defendants now appeal from the circuit court of Cook County's denial of their motion to set aside the judicial sale and the order confirming the judicial sale pursuant to section 15-1508(d-5) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1508(d-5) (West 2012)). Defendants also appeal from the circuit court's denial of leave to file a late reply in support of their motion to set aside the sale, the denial of leave to file a late response to a motion to strike an ...


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