Foreclosure – Judicial Sale – Appellate Jurisdiction

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Civil

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and EASTERBROOK and HAMILTON, Circuit Judges.

Foreclosure – Judicial Sale – Appellate Jurisdiction

No.13-1017

Where circuit court judgment was not appealable for lack of appellate jurisdiction due to circuit court noting that it “would need to hold a hearing to confirm the sale.”

This is one of the flood of mortgage foreclosure cases that hit the country after the 2008 economic downturn. Before we can say anything about its merits, however, we must decide whether an appealable final judgment is before us. That question turns out to be more complicated than usual, given the many steps that must take place before the foreclosure process is complete. Here, the case has reached the point where the bank seeking to fore‐ close has secured a judgment of foreclosure and an order of sale pursuant to Illinois law. The district court declared that its judgment was “final,” but at the same time, it acknowledged that the public judicial sale could take place only after certain additional steps were completed, including the expiration of the statutory reinstatement and redemption periods to which the mortgagor was entitled under Illinois law. The court also noted that it would need to hold a hearing to con‐ firm the sale (thereby allowing it to go to closing) upon a party’s motion, and at such a hearing it could decide not to confirm the sale if, among other things, “justice was … not done.””

Dismissed

Dissenting: HAMILTON, Circuit Judge,

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.