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10 Illinois opinions name it 2 courts 1913–2018 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
BCGS, L.L.C. v. Jastergreen2 sentences2014Such a holding would render the second sentence of section 9(g)(3) superfluous and meaningless because the extinguishment of the section 9(g)(1) lien would have already been confirmed before the purchaser was required to make any assessment payments under section 9(g)(3). ¶ 14 Defendant, citing section 15-1509(c) of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1509(c) (West 2008)) and BGCS, L.L.C. v. Jaster, 299 Ill. 2014Such a holding would render the second sentence of section 9(g)(3) superfluous and meaningless because the extinguishment of the section 9(g)(1) lien would have already been confirmed before the purchaser was required to make any assessment payments under section 9(g)(3). ¶ 14 Defendant, citing section 15-1509(c) of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1509(c) (West 2008)) and BCGS, L.L.C. v. Jaster, 299 Ill. | 3 | 3 |
1010 Lake Shore Ass'n v. Deutsche Bank National Trust Co.green2 sentences2016To extinguish the lien under section 9(g)(3), the purchaser must pay the assessments that accrue after the sale. 2014 IL App (1st) 130962, ¶ 38 (Liu, J., dissenting). 2015To extinguish the lien under section 9(g)(3), the purchaser must pay the assessments that accrue after the sale. 2014 IL App (1st) 130962, ¶ 38 (Liu, J., dissenting). | 2 | 2 |
Lake Hinsdale Village Condominium Ass'n v. Department of Public Aidgreen2 sentences2014Lake Hinsdale Village Condominium Ass'n v. Department of Public Aid, 298 Ill. 2014Lake Hinsdale Village Condominium Ass’n v. Department of Public Aid, 298 Ill. | 2 | 2 |
Ultsch v. Illinois Municipal Retirement Fundgreen1 sentence2014Ultsch v. Illinois Municipal Retirement Fund, 226 Ill. 2d 169, 184 (2007). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
1010 Lake Shore Association v. Deutsche Bank National Trust Company
green
2 sentences2018The plain language of section 9(g)(1) creates a lien in favor of a condominium association upon the failure or refusal of a unit owner to pay common expense assessments. 1010 Lake Shore Ass'n v. Deutsche Bank National Trust Co. , 2015 IL 118372 , ¶ 23, 398 Ill.Dec. 95 , 43 N.E.3d 1005 . ¶ 24 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 of judgment by common law strict foreclosure or otherwise takes possession pursuant to court order under the Illinois Mortgage Foreclos 2018The plain language of section 9(g)(1) creates a lien in favor of a condominium association upon the failure or refusal of a unit owner to pay common expense assessments. 1010 Lake Shore Ass'n v. Deutsche Bank National Trust Co. , 2015 IL 118372 , ¶ 23, 398 Ill.Dec. 95 , 43 N.E.3d 1005 . ¶ 24 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 of judgment by common law strict foreclosure or otherwise takes possession pursuant to court order under the Illinois Mortgage Foreclos | 3 | 2018–2018 |
5510 Sheridan Road Condominium Association v. U.S. Bank
green
2 sentences2018Six weeks later, the bank tendered payment to make current its account for postsale assessments. 5510 Sheridan , 2017 IL App (1st) 160279 , ¶ 9, 413 Ill.Dec. 301 , 77 N.E.3d 1108 . ¶ 37 Defending its summary judgment on appeal, the association argued that the payments did not extinguish the lien under section 9(g)(3), because they were not made on " 'the first day of the month after the date of the judicial foreclosure sale.' " 5510 Sheridan , 2017 IL App (1st) 160279 , ¶ 13, 413 Ill.Dec. 301 , 77 N.E.3d 1108 . 2018Six weeks later, the bank tendered payment to make current its account for postsale assessments. 5510 Sheridan , 2017 IL App (1st) 160279 , ¶ 9, 413 Ill.Dec. 301 , 77 N.E.3d 1108 . ¶ 37 Defending its summary judgment on appeal, the association argued that the payments did not extinguish the lien under section 9(g)(3), because they were not made on " 'the first day of the month after the date of the judicial foreclosure sale.' " 5510 Sheridan , 2017 IL App (1st) 160279 , ¶ 13, 413 Ill.Dec. 301 , 77 N.E.3d 1108 . | 1 | 2018–2018 |
Sylva, LLC v. Baldwin Court Condominium Ass'n, Inc.
neutral
2 sentences2018Sylva , 2018 IL App (1st) 170520 , ¶ 13, 423 Ill.Dec. 725 , 106 N.E.3d 431 . 2018Sylva , 2018 IL App (1st) 170520 , ¶ 13, 423 Ill.Dec. 725 , 106 N.E.3d 431 . | 1 | 2018–2018 |
Newport Condo. v. Talman Home Fed.
green
1 sentence2014Thus, while the legislators’ statements that the payment of common expenses extinguishes an association’s lien supports our conclusion that a section 9(g)(1) lien is not fully extinguished until the purchaser makes a payment required by section 9(g)(3), those statements are somewhat contradicted by Senator Marovitz’s indication that such a payment would be made at the foreclosure sale. 1 To the extent the dissent relies upon the portion of the Pembrook opinion stating that the association’s lien could not be enforced against the mortgagee with regard to charges assessed before the mortgagee ob | 1 | 2014–2014 |
WASILEVICH CONST. CO. v. LaSalle Nat. Bank
green
1 sentence2012Section 9 provided that nonparty lien claimants “may upon filing a petition to intervene become defendants and enforce their liens by counterclaim.” (Internal quotation marks omitted.) Id. at 931 . | 1 | 2012–2012 |
Thielman v. Carr
neutral
1 sentence1913(Thielman v. Carr, 75 Ill. 385 .) The third point raised is the alleged fact that notice of the mechanic’s lien was not served as provided by the statute. | 1 | 1913–1913 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.