Last week, the Supreme Court of the State of Illinois has just affirmed
the trial court decision in the case of
1010 Lake Shore Ass’n v. Deutsche Bank National Trust Co.
The defendant, Deutsche Bank National Trust Co., purchased a condominium
unit in 2010 at a judicial foreclosure sale. In March of 2012, the plaintiff,
1010 Lake Shore Association, demanded payment for common expenses on the
unit, which the defendant refused to pay. The Association then moved to
sue the bank in pursuit of the payment, arguing that there were no questions
regarding the amount owed and the bank’s failure to pay. Citing
section 9 of the Condominium Property Act, they affirmed that liens against
the property for the previous owner’s unpaid assessments had not
been eliminated because the bank failed to pay all expenses that accrued
after the sale.
Deutsche Bank, however, argued that they could not be held liable under
section 9 for the previous owner’s failure to pay the assessments.
At the hearing, the judge ruled in favor of the plaintiff, who was subsequently
awarded possession of the property. Deutsche Bank appealed, claiming that
the court misconstrued section 9 of the Act, and reiterating their belief
that they were only responsible for common expenses that accrued after
the sale, not before. The Supreme Court found no error in the trial court’s
judgement and reaffirmed their decision.
To read the original court opinion document, please
Seeking the help of a foreclosure lawyer in Illinois? Contact a Chicago
attorney at Sulaiman Law Group, LTD to schedule a consultation: (312) 313-1613.