Notice error gives woman solid defense

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 21, 2016 1:12 PM

One of Helen Accetturo’s affirmative defenses in a mortgage-foreclosure case alleged that the plaintiff, Cathay Bank, failed to satisfy a condition precedent in a “notice” clause — because it accelerated the loan and sued without first providing a warning with the information specified in Par. 21 of the agreement.Par. 21 said the mortgagee “shall” give notice with specific information including what was required to cure the alleged default.A Cook County judge struck the affirmative …

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