ABN Amro Mortgage Group, Inc. v. McGahan

State: Illinois

Docket No: 107954 Rel

Case Date: 06/04/2010

Preview:Docket No. 107954.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

ABN AMRO MORTGAGE GROUP, INC., et al., Appellees, v. NONA L. McGAHAN et al., Appellants. Opinion filed June 4, 2010.

JUSTICE BURKE delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION The question at issue here is whether a mortgagee must name a personal representative for a deceased mortgagor in a mortgage foreclosure proceeding in order for the circuit court to acquire subject matter jurisdiction. For the reasons that follow, we conclude that it must. Background This appeal involves two cases, ABN AMRO Mortgage Group, Inc. v. McGahan and Charter One Bank v. Hunter. The facts of each are set forth below.

ABN AMRO Mortgage Group, Inc. v. McGahan In 2005, ABN AMRO (ABN) provided a loan to Nona McGahan, who executed a note secured by a mortgage on her property located in Chicago. On May 1, 2006, McGahan defaulted. On August 30, ABN filed a complaint in the circuit court of Cook County for foreclosure pursuant to the Illinois Mortgage Foreclosure Law (735 ILCS 5/15

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