Park Ave. Church v. Park Ave. Colored Church

1 Citing case

  1. First Fed. Sav. Loan Ass'n v. Walker

    91 Ill. 2d 218 (Ill. 1982)   Cited 15 times
    In Walker and in Barnard, the courts stated, inter alia, that only mortgagees are permitted under the Act to allow borrowers to make payments on their mortgages where the statutory right to do so has expired, and that the trial court itself cannot attempt to dispense with the timeliness requirement without the approval of the mortgagee.

    Consequently, in the absence of a statute such as the one before us conferring a right to reinstate an accelerated mortgage debt after foreclosure proceedings have begun, tender of the amount of delinquency will not prevent foreclosure. ( Robinson v. Miller (1925), 317 Ill. 501; Park Avenue Methodist Episcopal Church v. Park Avenue Colored Methodist Episcopal Church (1927), 244 Ill. App. 148; 59 C.J.S. Mortgages sec. 495(6)(b), at 796-97 (1949); cf. Paulauskas v. Rumsas (1971), 1 Ill. App.3d 460, 463 (payment of delinquent sums and reinstatement of mortgage under statute abates acceleration of debt).) Therefore, even if the trial court had been correct in determining that the statute was unconstitutional, First Federal would still have been entitled to foreclosure where no defense was offered to its complaint and the entire balance and costs due on the mortgage note were not tendered.