This ruling in this case will determine several important milestones for both sides in mortgage foreclosure cases. The court could potentially decide the case on a few different issues. The conflict arises between the code of civil procedure and the Illinois Mortgage Foreclosure Law (IMFL). McCluskey, represented by Mark A. Laws, argued that the Code of Civil Procedure allows litigants in any civil law suit to bring a motion to vacate, under section 2-1301 of the code, at any time up until 30 days after the final judgment. In a mortgage foreclosure case, the final judgment is the last order entered by the court - the order confirming the judicial sale. Wells Fargo, represented by James Noonan of Noonan and Lieberman, argued that the IMFL is more restrictive and thus inconsistent with the general rules for the code of civil procedure. Furthermore, that the IMFL must control over the Code of Civil Procedure.
Oral arguments were held on this matter before the Supreme Court of Illinois on September 17, 2013, The case number is 115469. The full video of these arguments can be access on the Illinois Supreme Court website at: