2020 IL App (1st) 200371-U No. 1-20-0371 Order filed December 28, 2020 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ ) THE BANK OF NEW YORK MELLON, as Trustee ) Successor Trustee for CIT Mortgage Loan Trust 2007-1, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. v. ) ) No. 19 M1 720343 DEBORAH WILHOITE, ) ) Honorable Defendant-Appellant. ) David A Skryd, ) Judge, presiding.
JUSTICE HYMAN delivered the judgment of the court. Justices Pierce and Coghlan concurred in the judgment.
ORDER
¶1 Held: Eviction order affirmed where record did not show appellant had a bona fide lease that prevented eviction.
¶2 The Bank of New York Mellon obtained a judgment of foreclosure on residential property
and sought to evict appellant Deborah Wilhoite and others who were living there. The Bank served
Wilhoite by substitute service, and she appeared on her own behalf. After a hearing, the trial court
entered an eviction order in the Bank’s favor. Wilhoite, again representing herself, appeals, arguing 1-20-0371
she was a bona fide lessee and, under section 9-207.5(a) of the Code of Civil Procedure (Code),
the Bank could not evict her until her lease expired. We must affirm. The record fails to support
Wilhoite’s argument that she was bona fide lessee, and the trial court’s eviction order was not
against the manifest weight of the evidence.
¶3 Background
¶4 In 2017, the Bank obtained a judgment of foreclosure against the owner of property. On
December 20, 2019, the Bank filed an eviction complaint against Wilhoite and others living in the
house. (Only Wilhoite is a party to this appeal.) Wilhoite was served by substituted service and
appeared on her own behalf and applied for a waiver of court fees, which the trial court granted.
After a hearing, the trial court entered an eviction order in the Bank’s favor, ordering Wilhoite to
move out by February 27, 2020. Wilhoite filed a timely notice of appeal.
¶5 Analysis
¶6 As a preliminary matter, we address the Bank’s contention that we should strike Wilhoite’s
brief and dismiss her appeal because she did not comply with the requirements of Supreme Court
Rules 341(h) and 342. See Ill. S. Ct. Rs. 341(h) (eff. Dec. 13, 2005) and 342 (eff. Oct. 1, 2019).
¶7 Rule 341 requires the parties to present a clear and orderly argument so the reviewing court
may ascertain and dispose of the issues involved. Collier v. Avis Rent A Car System, Inc., 248 Ill.
App. 3d 1088, 1095 (1993). A reviewing court may dismiss an appeal where the appellant’s brief
fails to comply with supreme court rules. Id. at 1095.
¶8 While we agree that Wilhoite’s brief fails to comply with Rule 341(h) in many respects,
we also are mindful of the challenges Wilhoite faces in representing herself on appeal. Although
self-represented status does not excuse compliance with the appellate procedures established by
supreme court rules, Coleman v. Akpakpan, 402 Ill. App. 3d 822, 825 (2010), dismissal of an
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appeal for Supreme Court Rule violations should be the last resort in extreme situations where
meaningful review of the issues is impossible.
¶9 Here, the brief does not cite legal authority in its Point and Authorities or reference page
numbers in the brief, as required by Rule 341(h)(1). The brief also lacks a statement of the issues
presented for review and the applicable standard of review, as required by Rule 341(h)(3). And the
section entitled “Statement of Facts,” consists almost entirely of a discussion of the history of the
case before this court rather than before the trial court, and does not cite to the record.
¶ 10 Likewise, Wilhoite brief fails to comply with Rule 341(h)(7), which requires the
appellant’s brief to include an argument section “contain[ing] the contentions of the appellant and
the reasons therefor, with citation of the authorities and the pages of the record relied on.” Ill. S.
Ct. Rule 341(h)(7) (eff. Feb.6, 2013). Wilhoite does not cite cases supporting her contentions and
fails to cite to pages of the record. Wilhoite’s brief also does not contain an appendix as required
by Illinois Supreme Court Rule 342. Ill. S. Ct. R. 342 (eff. Oct. 1, 2019).
¶ 11 Violation of the rules, however, does not divest us of jurisdiction, but rather serves as an
admonishment to the parties. Brown v. Brown, 62 Ill.App.3d 328, 332 (1978). We retain the
discretion to consider the merits of the appeal, where (i) the brief sufficiently apprises us of the
arguments (see Young v. City of Centreville, 169 Ill.App.3d 166, 169 (1988)), (ii) the facts
necessary to understand the issue are relatively straight-forward (In re Marriage of Burke, 185 Ill.
App. 3d 253, 255 (1989)), and (iii) the interest of judicial economy are best served by addressing
the issues. See Zadrozny v. City Colleges of Chicago, 220 Ill. App. 3d 290, 293 (1991).
¶ 12 Despite the deficiencies, the facts are straight-forward, and Wilhoite’s brief sufficiently
apprises us of her argument. Wilhoite contends she had a bona fide lease that precluded her from
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being evicted until her lease expired. In the interest of judicial economy, we will consider her
arguments.
¶ 13 Standard of Review
¶ 14 In determining whether the trial court erred in entering an eviction order under the Forcible
Entry and Detainer Act (735 ILCS 5/9-101 et seq.), the standard of review is whether the ruling
was against the manifest weight of the evidence. Wendy & William Spatz Charitable Foundation
v. 2263 N. Lincoln Corp., 2013 IL App (1st) 122076, ¶ 27. To be against the manifest weight of
the evidence, it must appear from the record that the opposite conclusion is clearly evident or that
the findings of fact are unreasonable, arbitrary, and not based on any of the evidence. Id.
¶ 15 Bona Fide Lease
¶ 16 Wilhoite contends the trial court’s eviction order was against the manifest weight of the
evidence because she has a “bona fide lease” for one year that began on August 1, 2019, and
section 9-207.5(a) of the Code applies to protect her from eviction until after the lease expired.
¶ 17 Section 9-207.5(a) provides that a party who receives a property via foreclosure may not
pursue a forcible entry and detainer suit against a bona fide lessee until the lease has expired:
“A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant
to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale
under Section 15-1507 of this Code, who assumes control of the residential real estate in
foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease,
as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide
lease, by no less than 90 days’ written notice or (ii) in the case of a bona fide lease that is
for a month-to-month or week-to-week term, by no less than 90 days’ written notice.” 735
ILCS 5/9-207.5(a) (West 2018).
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2020 IL App (1st) 200371-U No. 1-20-0371 Order filed December 28, 2020 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ ) THE BANK OF NEW YORK MELLON, as Trustee ) Successor Trustee for CIT Mortgage Loan Trust 2007-1, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. v. ) ) No. 19 M1 720343 DEBORAH WILHOITE, ) ) Honorable Defendant-Appellant. ) David A Skryd, ) Judge, presiding.
JUSTICE HYMAN delivered the judgment of the court. Justices Pierce and Coghlan concurred in the judgment.
ORDER
¶1 Held: Eviction order affirmed where record did not show appellant had a bona fide lease that prevented eviction.
¶2 The Bank of New York Mellon obtained a judgment of foreclosure on residential property
and sought to evict appellant Deborah Wilhoite and others who were living there. The Bank served
Wilhoite by substitute service, and she appeared on her own behalf. After a hearing, the trial court
entered an eviction order in the Bank’s favor. Wilhoite, again representing herself, appeals, arguing 1-20-0371
she was a bona fide lessee and, under section 9-207.5(a) of the Code of Civil Procedure (Code),
the Bank could not evict her until her lease expired. We must affirm. The record fails to support
Wilhoite’s argument that she was bona fide lessee, and the trial court’s eviction order was not
against the manifest weight of the evidence.
¶3 Background
¶4 In 2017, the Bank obtained a judgment of foreclosure against the owner of property. On
December 20, 2019, the Bank filed an eviction complaint against Wilhoite and others living in the
house. (Only Wilhoite is a party to this appeal.) Wilhoite was served by substituted service and
appeared on her own behalf and applied for a waiver of court fees, which the trial court granted.
After a hearing, the trial court entered an eviction order in the Bank’s favor, ordering Wilhoite to
move out by February 27, 2020. Wilhoite filed a timely notice of appeal.
¶5 Analysis
¶6 As a preliminary matter, we address the Bank’s contention that we should strike Wilhoite’s
brief and dismiss her appeal because she did not comply with the requirements of Supreme Court
Rules 341(h) and 342. See Ill. S. Ct. Rs. 341(h) (eff. Dec. 13, 2005) and 342 (eff. Oct. 1, 2019).
¶7 Rule 341 requires the parties to present a clear and orderly argument so the reviewing court
may ascertain and dispose of the issues involved. Collier v. Avis Rent A Car System, Inc., 248 Ill.
App. 3d 1088, 1095 (1993). A reviewing court may dismiss an appeal where the appellant’s brief
fails to comply with supreme court rules. Id. at 1095.
¶8 While we agree that Wilhoite’s brief fails to comply with Rule 341(h) in many respects,
we also are mindful of the challenges Wilhoite faces in representing herself on appeal. Although
self-represented status does not excuse compliance with the appellate procedures established by
supreme court rules, Coleman v. Akpakpan, 402 Ill. App. 3d 822, 825 (2010), dismissal of an
-2- 1-20-0371
appeal for Supreme Court Rule violations should be the last resort in extreme situations where
meaningful review of the issues is impossible.
¶9 Here, the brief does not cite legal authority in its Point and Authorities or reference page
numbers in the brief, as required by Rule 341(h)(1). The brief also lacks a statement of the issues
presented for review and the applicable standard of review, as required by Rule 341(h)(3). And the
section entitled “Statement of Facts,” consists almost entirely of a discussion of the history of the
case before this court rather than before the trial court, and does not cite to the record.
¶ 10 Likewise, Wilhoite brief fails to comply with Rule 341(h)(7), which requires the
appellant’s brief to include an argument section “contain[ing] the contentions of the appellant and
the reasons therefor, with citation of the authorities and the pages of the record relied on.” Ill. S.
Ct. Rule 341(h)(7) (eff. Feb.6, 2013). Wilhoite does not cite cases supporting her contentions and
fails to cite to pages of the record. Wilhoite’s brief also does not contain an appendix as required
by Illinois Supreme Court Rule 342. Ill. S. Ct. R. 342 (eff. Oct. 1, 2019).
¶ 11 Violation of the rules, however, does not divest us of jurisdiction, but rather serves as an
admonishment to the parties. Brown v. Brown, 62 Ill.App.3d 328, 332 (1978). We retain the
discretion to consider the merits of the appeal, where (i) the brief sufficiently apprises us of the
arguments (see Young v. City of Centreville, 169 Ill.App.3d 166, 169 (1988)), (ii) the facts
necessary to understand the issue are relatively straight-forward (In re Marriage of Burke, 185 Ill.
App. 3d 253, 255 (1989)), and (iii) the interest of judicial economy are best served by addressing
the issues. See Zadrozny v. City Colleges of Chicago, 220 Ill. App. 3d 290, 293 (1991).
¶ 12 Despite the deficiencies, the facts are straight-forward, and Wilhoite’s brief sufficiently
apprises us of her argument. Wilhoite contends she had a bona fide lease that precluded her from
-3- 1-20-0371
being evicted until her lease expired. In the interest of judicial economy, we will consider her
arguments.
¶ 13 Standard of Review
¶ 14 In determining whether the trial court erred in entering an eviction order under the Forcible
Entry and Detainer Act (735 ILCS 5/9-101 et seq.), the standard of review is whether the ruling
was against the manifest weight of the evidence. Wendy & William Spatz Charitable Foundation
v. 2263 N. Lincoln Corp., 2013 IL App (1st) 122076, ¶ 27. To be against the manifest weight of
the evidence, it must appear from the record that the opposite conclusion is clearly evident or that
the findings of fact are unreasonable, arbitrary, and not based on any of the evidence. Id.
¶ 15 Bona Fide Lease
¶ 16 Wilhoite contends the trial court’s eviction order was against the manifest weight of the
evidence because she has a “bona fide lease” for one year that began on August 1, 2019, and
section 9-207.5(a) of the Code applies to protect her from eviction until after the lease expired.
¶ 17 Section 9-207.5(a) provides that a party who receives a property via foreclosure may not
pursue a forcible entry and detainer suit against a bona fide lessee until the lease has expired:
“A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant
to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale
under Section 15-1507 of this Code, who assumes control of the residential real estate in
foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease,
as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide
lease, by no less than 90 days’ written notice or (ii) in the case of a bona fide lease that is
for a month-to-month or week-to-week term, by no less than 90 days’ written notice.” 735
ILCS 5/9-207.5(a) (West 2018).
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¶ 18 Relevant here, under section 15-1224(a)(4) of the Code, the term “bona fide lease” means
a lease of a dwelling unit in residential real estate in foreclosure for which either (i) the lease was
entered into or renewed on or before the date of the filing of the lis pendens on the residential real
estate in foreclosure under Section 2-1901 of this Code or (ii) the lease was entered into or renewed
after the date of the filing of the lis pendens on the residential real estate in foreclosure and before
the date of the judicial sale of the residential real estate in foreclosure, and the term of the lease is
for one year or less. 735 ILCS 5/15-1224(a)(4) (West 2018).
¶ 19 Thus, the central question: Does Wilhoite have a bona fide lease for the property. If she
does, then the Bank could not have pursued its forcible entry and detainer suit against her until her
lease expired.
¶ 20 The Bank argues Wilhoite has forfeited her argument regarding the lease because it is
unsupported by the record on appeal and is unsupported in her brief by relevant legal authority.
Forfeiture aside, the Bank argues the trial court did not err in entering an eviction order because
Wilhoite did not have a “bona fide lease” under section 15-1224 because it was entered into in
August 2019, almost two years after the court confirmed the judicial sale and the judicial deed was
executed.
¶ 21 We agree that Wilhoite’s argument is not supported by the record on appeal, which does
not include a copy of a lease. Wilhoite attempts to supplement the record by including a copy of a
lease as an exhibit. This is not the proper method of supplementing the record. See, e.g., Pikovsky
v. 8440-8460 North Skokie Boulevard Condominium Ass’n, Inc., 2011 IL App (1st) 103742, ¶ 16
(“a reviewing court will not supplement the record on appeal with the documents attached to the
appellant’s brief on appeal as an appendix, where there is no stipulation between the parties to
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supplement the record and there was no motion in the reviewing court to supplement the record
with the material”).
¶ 22 An appellant has the burden to present a sufficiently complete record to support his or her
claim of error. Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). In the absence of a complete
record, we must presume the trial court’s order conformed with the law and had a sufficient factual
basis. Id. at 392. “Any doubts which may arise from the incompleteness of the record will be
resolved against the appellant.” Id. Wilhoite has failed to provide a complete record by including
a copy of her purported bona fide lease. Thus, we must presume that the trial court’s eviction order
conformed with the law and had a sufficient factual basis.
¶ 23 Even if we were to consider the document Wilhoite attached as an exhibit, it does not
support her argument that the Bank could not begin eviction proceedings until after August 1,
2020. The lease document is dated August 1, 2019, on its face more than two years after the judicial
sale and, thus, fails to meet the requirements of a bona fide lease under section 15-1224 of the
Code. 735 ILCS 5/15-1224 (West 2018).
¶ 24 Affirmed.
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