PNC Bank, National Association v. Guzinski Builders, Inc. et al
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|Date Filed||#||Document Text|
|December 15, 2015
OPINION AND ORDER. PNC's motion for summary judgment 76 is granted in part and denied in part. PNC has demonstrated its right to foreclose on the mortgage, contingent on the final resolution of the remaining affirmative defenses. Judgment is granted for PNC on the Guzinski Defendants' first and second affirmative defenses (no default and IMWL violation) and Count III of the counterclaim (RESPA violation). Partial judgment is also granted on Count foreclosure fees and costs in conn ection with PNCs affirmative foreclosure claim. Summary judgment on the third, fourth, and fifth affirmative defenses I of the counterclaim in that the Court will not enjoin PNC from collecting (ratification, equitable estoppel, and unclean hands), on the remainder of Count I of the counterclaim (declaratory judgment and injunctive relief), and on Counts II and IV (ICFA violation and promissory estoppel) of the counterclaim is denied. Signed by the Honorable Sara L. Ellis on 12/15/2015:Mailed notice(rj, )
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