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Bank of America, N.A. v. Adeyiga

Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252

Court
Appellate Court of Illinois, First District
Decided
2014-09-30
Docket
1-13-1252

What happened

Bank of America foreclosed on the Adeyigas' Illinois home. They argued the bank never sent the grace-period notice Illinois law requires before filing.

What the court decided

The Illinois Appellate Court sent the case back for a hearing: if no grace-period notice was sent (and the bank did not wait 30 days), the sale must be vacated and the case dismissed.

Why it may matter to you

Pre-foreclosure notices are not paperwork trivia: here, a missing one could undo a completed sale.

Why it might not apply

Illinois statute; the result depended on what the hearing would show.

Most useful when

  • You never got the required pre-foreclosure (grace period) notice

How to cite it

The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.

Full citationBank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252Short formAdeyiga, 2014 IL App (1st) 131252

Draft — check it with free legal aid before you file or say it in court.

In Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252, the court held that if a lender did not send the required pre-filing grace-period notice and wait the required time, the judicial sale must be vacated and the case dismissed. Here, [say in one sentence what happened in your case]

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