Hayes v. M & T Mortgage Corporation

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-1063 Rel

Case Date: 03/25/2009

Preview:THIRD DIVISION MARCH 25, 2009

No. 1-07-1063 ZAKRYSCHA HAYES, Plaintiff-Appellant and Counterdefendant-Appellant, v. ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County

M & T MORTGAGE CORPORATION, and OLD SECOND MORTGAGE COMPANY., Defendants-Appellees _______________________________________________ ) ) (M & T Mortgage Corporation, ) Counterplaintiff-Appellee; ) ) Custom Home Built Improvement Company, ) Sourmar Masonry Restoration, Inc., Patria ) Construction LLC, City of Chicago, and Unknown ) Owners and Non-Record Claimants, ) Defendants). ) JUSTICE COLEMAN delivered the opinion of the court:

) No. 02 CH 19217

Honorable Nancy J. Arnold, Judge Presiding

Zakryscha Hayes faced default on a federally insured mortgage, filed an action seeking damages for the lender's failure to abide by applicable federal regulations, and also asserted the regulation breach as a basis for dismissal of the lender's foreclosure complaint. Her action was dismissed, her motion for judgment on the foreclosure was denied, and the lender foreclosed on her property. Hayes appeals, contending that her complaint was improperly dismissed, that the lender's foreclosure action should have been dismissed, and that the foreclosure proceeding improperly assessed costs and fees. We affirm. In July 2001, Hayes received a $288,000 loan from Old Second Mortgage Company for rehabilitation of a Chicago residential property. In accordance with the National Housing Act (12 U.S.C.

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