Bayview Loan Servicing v. Nelson

              1
Rule 23 order filed NO. 5-06-0664
May 21, 2008;
Motion to publish granted IN THE
June 16, 2008.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
BAYVIEW LOAN SERVICING, L.L.C., ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) White County.
)
v. ) No. 04-CH-40
)
JEFFREY EDEN NELSON, ))
Defendant-Appellant, ))
and ))
DENISE A. NELSON, NONRECORD )
CLAIMANTS, UNKNOWN TENANTS, )
and UNKNOWN OWNERS, ) Honorable
) Paul W. Lamar,
Defendants. ) Judge, presiding.
________________________________________________________________________
PRESIDING JUSTICE STEWART delivered the opinion of the court:
In this mortgage foreclosure action, the circuit court of White County entered a
summary judgment in favor of the plaintiff, Bayview Loan Servicing, L.L.C. (Bayview), and
against the defendant, Jeffrey Eden Nelson (Nelson). On November 21, 2006, the circuit
court denied Nelson's motion to reconsider the summary judgment. Nelson appeals from the
entry of a summary judgment and from the denial of his motion to reconsider. We reverse
and remand.
BACKGROUND
On November 22, 2004, Bayview filed a complaint to foreclose a mortgage against
Nelson and the other defendants, who are not parties to this appeal. Although all of the
pleadings and proceedings include all of the defendants, we refer only to Nelson in this