Promissory proviso not technicality

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 9, 2020 10:28 AM

More than four years after Associates Asset Management sued Robert Cruz on a promissory note, a Cook County judge gave AAM a $120,402 judgment — over Cruz’s objection that the act of serving him with the complaint didn’t satisfy the notice-and-cure provisions in the note and an accompanying mortgage — but the Illinois Appellate Court reversed. AAM failed to comply with conditions precedent for declaring a default and accelerating the debt. Further, these failures couldn’t be brushed off as insignificant technicalities …

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