The myriad issues plaguing the Illinois Condominium Law arena have been subject to several recent opinions from two separate divisions within the 1st District Appellate Court. Unfortunately, the contrasting court rulings ultimately serve to confuse more than clarify. The string of new cases all focus on a particular section of the Illinois Condominium Property Act, which provides that a foreclosure sale purchaser must pay condominium assessments “from and after the first day of the month” following the foreclosure sale in order to “confirm the extinguishment” of a condominium association’s lien. The Illinois Supreme Court, in 1010 Lake Shore Assoc. v. Deutsche Bank National Trust Co., 2015 IL 118372, had previously ruled that a condominium association’s lien for pre-foreclosure sale assessments was owed in full by a foreclosure sale purchaser who failed to pay any assessments, as the lien’s extinguishment was never confirmed under the statute. Read the article………………
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