U.S. Bank N.A. v. Quadrangle House Condominium Association
U.S. Bank N.A. v. Quadrangle House Condominium Association
Opinion
¶ 1 Defendant Quadrangle House Condominium Association (Association) appeals from an order of the circuit court of Cook County granting plaintiff U.S. Bank's motion for summary judgment on its complaint for a declaratory judgment and denying the Association's cross-motion for summary judgment on its counterclaim for unpaid assessments. The sole question of law presented for consideration is whether U.S. Bank's payment of postforeclosure sale assessments, several months after purchasing a condominium unit at a judicial foreclosure sale, extinguished the Association's lien for preforeclosure sale assessments, pursuant to section 9(g)(3) of the Condominium Property Act (Act) ( 765 ILCS 605/9(g)(3) (West 2016) ), and as interpreted by
1010 Lake Shore Ass'n v. Deutsche Bank National Trust Co.
,
¶ 2 BACKGROUND
¶ 3 The subject property, unit 5B, is located at 6700 South Shore Drive, in Chicago, Illinois, and was previously owned by *296 Betty Colvin. In 2011, U.S. Bank's predecessor in interest, Wells Fargo Bank, commenced an action to foreclose a mortgage lien interest encumbering unit 5B. The matter was filed in the Chancery Division and captioned Wells Fargo Bank v. Colvin, No. 11 CH 19139 (Cir. Ct. Cook County).
¶ 4 On July 29, 2015, the circuit court entered an order confirming the sale and granting possession of unit 5B to U.S. Bank as the successful bidder at a judicial sale held on June 24, 2015. The circuit court's order was captioned U.S. Bank N.A. v. Colvin , No. 11 CH 19139 (Cir. Ct. Cook County, July 29, 2015). A judicial deed granting U.S. Bank title to unit 5B was issued pursuant to the order approving the sale and was recorded by the Cook County Recorder of Deeds on August 28, 2015. Shortly thereafter, U.S. Bank retained Parkvue Realty to recover possession of and market unit 5B. U.S. Bank asked Parkvue to contact the Association for information about the payment of postforeclosure sale assessments. Early in September 2015, Parkvue provided the Association with a copy of the judicial deed and informed the Association that any correspondence and assessment invoices were to be sent to U.S. Bank at P.O. Box 830, Armonk, New York 10504.
¶ 5 On September 24, after receiving no response from the Association, U.S. Bank asked the Association for an invoice reflecting the postforeclosure sale assessments due for unit 5B. However, the Association sent U.S. Bank a resident ledger for Gloria Carter, who possessed no interest in unit 5B.
¶ 6 In October, U.S. Bank received the invoice it had requested along with a resident ledger for unit 5B, both showing the amount due from U.S. Bank was $3079.62 for its proportionate share of common expenses beginning July 1, 2015. U.S. Bank also received a resident ledger addressed to Mrs. Colvin, which showed a $62,579.35 amount due for preforeclosure sale assessments.
¶ 7 According to U.S. Bank, it immediately sent the Association a $3919.34 check, dated October 6, 2015, comprising the $3079.62 amount due and $839.72 in assessments for the upcoming month of November. The Association initially claimed that it was never received but then acknowledged having received the check in November, when U.S. Bank placed a stop payment order on the check. On November 6, U.S. Bank issued another $3919.34 check, which the Association received and credited to U.S. Bank. From December 2015 to February 2017, the Association sent invoices that U.S. Bank paid in full.
¶ 8 In 2016, U.S. Bank requested a paid assessment letter from the Association, and the Association issued a letter on January 25 stating that a $63,464.07 lien in favor of the Association existed under section 9(g)(1) of the Act ( 765 ILCS 605/9(g)(1) (West 2016) ) for the period from May 1, 2009, to January 25, 2016. The letter stated that U.S. Bank had not extinguished the lien by payment of assessments under section 9(g)(3) of the Act ( id. § 9(g)(3) ). The letter stated that the amount due from U.S. Bank under section 9(g)(4) of the Act ( id. § 9(g)(4) ) was the $63,464.07, "due to failure of purchaser at judicial sale to confirm extinguishment of lien, the extinguishment of lien by lender will render the amount owed by the subsequent purchaser to be $0."
¶ 9 In March, the Association sent U.S. Bank a notice and demand for possession of unit 5B as a condition precedent to an action for forcible entry and detainer. In April, U.S. Bank filed the underlying complaint for declaratory judgment in case number 16 CH 04811, asking for a determination that the Association's lien had been extinguished. In June, the Association *297 filed a counterclaim for unpaid assessments totaling $63,464.07, "inclusive of the Colvin Balance." In July, U.S. Bank filed an amended complaint for declaratory judgment.
¶ 10 In 2017, the parties filed cross-motions for summary judgment, and the circuit court entered an order granting summary judgment in favor of U.S. Bank on June 28. The Association filed a timely notice of appeal from the June 28 order, which declared that U.S. Bank had paid all postforeclosure sale assessments required under section 9(g)(3) of the Act and extinguished the Association's lien on the Colvin balance for the period before July 1, 2015.
¶ 11 We take judicial notice that, after the Association filed its notice of appeal, U.S. Bank sold unit 5B to a nonparty on July 31 and the special warranty deed conveying unit 5B was recorded on August 3 as document number 1721557092. See generally
City of Chicago v. Soludczyk
,
¶ 12 ANALYSIS
¶ 13 We initially reject U.S. Bank's contention that this appeal is moot because the Association failed to file an appeal bond. See,
e.g.
,
Jack Spring, Inc. v. Little
,
¶ 14 On the merits, the Association solely contends that U.S. Bank's payment of postforeclosure sale assessments several months after purchasing unit 5B at a judicial foreclosure sale did not extinguish the Association's lien for preforeclosure sale assessments, pursuant to section 9(g)(3) of the Act and as construed by our supreme court in
1010 Lake Shore Ass'n
,
¶ 15 Because this case was disposed of by the circuit court pursuant to cross-motions for summary judgment, our review is
de novo
.
Quadrangle House Condominium Ass'n v. U.S. Bank, N.A.
,
¶ 16 The Association argues that it is difficult to read our supreme court's construction of section 9(g)(3) in 1010 Lake Shore Ass'n as anything other than requiring U.S. Bank to begin paying postforeclosure sale assessments the month after the *298 foreclosure sale in order to confirm the extinguishment of the Association's lien for preforeclosure sale assessments. Because U.S. Bank failed to begin paying postforeclosure sale assessments for unit 5B the month after the foreclosure sale, the Association argues that U.S. Bank's tardy payments did not confirm the extinguishment of the Association's lien.
¶ 17 Section 9(g)(3) states:
"(3) The purchaser of a condominium unit at a judicial foreclosure sale, or a mortgagee who receives title to a unit by deed in lieu of foreclosure or judgment by common law strict foreclosure or otherwise takes possession pursuant to court order under the Illinois Mortgage Foreclosure Law, shall have the duty to pay the unit's proportionate share of the common expenses for the unit assessed from and after the first day of the month after the date of the judicial foreclosure sale, delivery of the deed in lieu of foreclosure, entry of a judgment in common law strict foreclosure, or taking of possession pursuant to such court order. Such payment confirms the extinguishment of any lien created pursuant to paragraph (1) or (2) of this subsection (g) by virtue of the failure or refusal of a prior unit owner to make payment of common expenses, where the judicial foreclosure sale has been confirmed by order of the court, a deed in lieu thereof has been accepted by the lender, or a consent judgment has been entered by the court." 765 ILCS 605/9(g)(3) (West 2016).
¶ 18 In
1010 Lake Shore Ass'n
,
¶ 19 In
Country Club Estates Condominium Ass'n v. Bayview Loan Servicing, LLC
,
¶ 20 Eight months after we filed our opinion in
Country Club Estates Condominium Ass'n
, the Sixth Division of this court filed its opinion in
Quadrangle House Condominium Ass'n
,
¶ 21 The circuit court in this case entered an order on July 20, 2015, confirming the sale and granting U.S. Bank possession of unit 5B. U.S. Bank provided the Association with a copy of the judicial deed and an address where assessment invoices were to be sent in early September 2015. U.S. Bank then commenced paying postforeclosure sale assessments on October 6, 2015, about two months after its liability for postforeclosure sale assessments began, but the Association claimed that it was never received and then acknowledged having received the check in November. Under these circumstances, we conclude that U.S. Bank made prompt payment of postforeclosure sale assessments and extinguished the Association's lien for preforeclosure sale assessments.
Cf.
Country Club Estates Condominium Ass'n
,
¶ 22 CONCLUSION
¶ 23 For the reasons stated, we affirm the judgment of the circuit court of Cook County granting U.S. Bank's motion for *300 summary judgment on its complaint for a declaratory judgment and denying the Association's cross-motion for summary judgment on its counterclaim for unpaid assessments.
¶ 24 Affirmed.
Presiding Justice Mason and Justice Hyman concurred in the judgment and opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.