BANK OF NEW YORK MELLON v. RODRIGUEZ

No. 2-19-0143.

165 N.E.3d 431 (2020)

2020 IL App (2d) 190143

The BANK OF NEW YORK MELLON, f/k/a The Bank of New York, AS TRUSTEE FOR the CERTIFICATE HOLDERS OF the CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-4, Plaintiff-Appellee, v. Francesca T. RODRIGUEZ, Jesse Rodriguez, and The Village of Carol Stream, Unknown Owners-Tenants, and Nonrecord Claimants, Defendants, (Francesca T. Rodriguez and Jesse Rodriguez, Appellants; Carol Duber, Garry Duber, Janet Duber, Rosa DeLaRosa, Erica DeLaRosa, and Community Savings Bank, Respondents-Appellees).

Appellate Court of Illinois, Second District.

Opinion filed March 30, 2020.


Attorney(s) appearing for the Case

Giovanni Raimondi , of RAI Law, LLC, of Schaumburg, for appellants.

Punit Kumar Marwaha , of Troutman Sanders LLP, of Chicago, for appellee Bank of New York Mellon.

Nathan B. Grzegorek and James A. Larson , of Plunkett Cooney, P.C., of Chicago, for appellees Carl Duber, Garry Duber, and Janet Duber.


OPINION

¶ 1 In April 2012, plaintiff, the Bank of New York Mellon, formerly known as the Bank of New York, as trustee for the certificate holders of CWABS, Inc., Asset-Backed Certificates, Series 2005-4 (Bank), filed a foreclosure complaint against defendants, Francesca...

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