In Aurora Loan Services v. Pajor, 2012 Ill.App3d 110899, the Appelate court upheld a denial of defendant’s 2-1401 motion to vacate a foreclosure judgment because 1) there were no new facts not already in the record on appeal which necessitated the motion and 2) the Plaintiff’s technical error in its notice of a grace period prior to suit did not prejudice the defendant.
Defendant’s filing of Chapter 7 bankruptcy protection delayed the foreclosure proceeding, but did not affect the final resolution of the case.