Defendant’s restitution bid falls flat

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 26, 2020 3:28 PM

A DuPage County judge granted Hugo Diaz’s Section 2-1401 petition to vacate a default judgment in a mortgage foreclosure case and the order confirming the judicial sale of Diaz’s condominium unit, but the judge rejected his request for $56,730 in restitution from the mortgagee, Citizens Bank, as part of the same proceeding.Affirming, even though there was no appellee’s brief, the Illinois Appellate Court concluded that “Diaz has failed to make a prima facie showing that the trial court erred in …

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