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Case Law Update: Payment of Less than All Outstanding Condo Assessments Does Not Extinguish an Association's Lien
The Illinois appellate court's decision in Hometown Condominium Association No. 2 v. Saleem Mohammed, 2018 IL App (2nd) 171030, provides further insight into the steps needed to be taken by a judicial foreclosure sale purchaser to exterminate a condominium association's assessment lien. Specifically, the court held that failure to pay the entire balance of post-sale assessments will not extinguish the association's lien, even if the amount tendered would cover all of the past-due, pre-sale assessments.
READ MOREIllinois Appellate Court Reaffirms that Foreclosure Defendants Only Have 60 Days After Appearing to File a Motion to Quash Service of Process
Kluever & Platt recently obtained a significant victory for its mortgage servicing client with an Illinois appellate court decision emphasizing Illinois courts' ability to control their mortgage foreclosure dockets and deter frivolous pleadings and motions by foreclosure defendants. In Wells Fargo Bank v. Roundtree, 2018 IL App (1st) 172912 (Nov. 7, 2018), the First District reaffirmed past rulings, holding that the clock to file a motion to quash service starts ticking when a party participates in a hearing or files an appearance—regardless of whether this occurs before or after the entry of a default judgment.
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