Background
Gwendolyn Thompson borrowed from Park National Bank, securing the loan with a mortgage on her home. Her husband, Robert Barney, signed the mortgage only to waive homestead rights. After Thompson became delinquent, U.S. Bank—having acquired Park National Bank’s assets through an FDIC receivership—foreclosed on the property.
The circuit court entered a foreclosure judgment, confirmed the judicial sale, and entered a deficiency judgment. Barney pursued appeals challenging the foreclosure proceedings. While one appeal was pending, U.S. Bank filed an eviction action against Thompson and Barney. Following a one-day trial, the circuit court entered an eviction judgment for U.S. Bank.
The Court’s Holding
The appellate court affirmed. Barney did not obtain a stay of the eviction case, and Illinois Supreme Court Rule 369(b) did not itself require the circuit court to halt the eviction while the separate foreclosure appeal remained pending. That rule governs proceedings after an appellate mandate issues; it does not impose an automatic stay in another case involving the same parties.
To seek a stay, Barney needed to move in the eviction case under Illinois Supreme Court Rule 305(b), or seek relief in the appellate court under the circumstances specified by that rule. Because he did neither, he could not establish error in allowing the eviction matter to proceed. The court also denied his request to sanction U.S. Bank’s counsel under Rule 375, finding neither a rule violation nor a false statement in U.S. Bank’s jurisdictional motion.
Key Takeaways
- A pending foreclosure appeal does not automatically stay a separate eviction action.
- A party seeking to pause eviction proceedings must request a stay through the applicable rule.
- Rule 375 sanctions require a legal and record-based basis; they were unavailable here.
Why It Matters
The decision underscores that litigants must affirmatively seek a stay when they want related trial-court proceedings suspended during an appeal. A pending appeal alone does not bar a foreclosure purchaser from pursuing possession through an eviction action.