2020 IL App (2d) 190589-U 

No. 2-19-0589 

Order filed August 11, 2020 

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

SECOND DISTRICT

______________________________________________________________________________ 

ROBINSON HEATING AND COOLING, ) Appeal from the Circuit Court

INC., ) of Lake County. 

) 

Plaintiff, ) 

) 

v. ) No. 13-CF-1970 

) 

MELISSA REILLY, JENNIFER AND ) 

DOUGLAS DIXON, GLENN LYSE, ) 

DAVID GREER, HIGHLAND PARK ) 

ELECTRIC CO., LORD & MARCOS, INC., ) 

UNKNOWN OWNERS and UNKNOWN ) 

LIEN CLAIMANTS, ) 

) 

Defendants, ) 

) Honorable 

(Lord & Marcos, Inc., Counter-Plaintiff, ) Mitchell L. Hoffman,

Appellant, v. Jennifer and Douglas Dixon, ) Margaret A. Marcouiler, and

Counter-Plaintiffs, and Melissa Reilly, ) Luis A. Berrones,

Appellees). ) Judges, Presiding. 

______________________________________________________________________________ 

JUSTICE BRENNAN delivered the judgment of the court.

Presiding Justice Birkett and Justice Hutchinson concurred in the judgment. 

ORDER

¶ 1 Held: In this foreclosure appeal, which we decide according to First Capital Mortgage 

Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976), because the appellees 

filed no briefs, we affirm because the lienholder demonstrated no prima facie error 

in the trial court’s vacation of its order entered during the redemption period and 
2020 IL App (2d) 190589-U 

- 2 - 

confirming the sale of the property; applicable statutes suggested that the court 

should not confirm a sale until after the redemption period expires. 

¶ 2 At issue in this appeal is whether defendant Lord & Marcos, Inc. (LMI) established that it 

was prima facie error for the trial court to vacate an order confirming the sale of property when 

the right to redeem that property had not yet expired. We determine that LMI has not established 

that vacating the order under these circumstances was prima facie error. Thus, we affirm.

¶ 3 I. BACKGROUND

¶ 4 According to the common-law record, which is the only record that has been submitted to 

this court, McHenry Savings Bank (the Bank) owned a home in Wadsworth in 2011 (the property). 

The Bank hired LMI to negotiate a sizeable insurance settlement and provide other services related 

to fixing the property. Before the property was repaired, defendant Melissa Reilly bought it from 

the Bank and accepted the agreement between the Bank and LMI.

¶ 5 In 2013, plaintiff, Robinson Heating and Cooling, Inc. (Robinson), sued to foreclose a 

mechanics lien on the property. Robinson named multiple defendants including LMI, who held a 

mechanics lien on the property, and Jennifer and Douglas Dixon (the Dixons), who held a 

judgment lien on the property. While the suit was pending, Robinson assigned its own mechanics 

lien to LMI.

¶ 6 On January 21, 2016, a judgment for foreclosure and sale was entered. The judgment 

provided that Reilly owed the Dixons $29,232, which represented the amount of their judgment 

lien plus attorney fees, and that she owed LMI $222,197, which included the Robinson mechanics 

lien as well as LMI’s own mechanics lien. However, the judgment reserved the issue of priority

of the liens. The judgment also provided that the property would be sold at public auction to the 

highest bidder if Reilly could not pay the Dixons and LMI within 21 days; the sale would take 

place 90 days after the judgment was entered; the period of redemption would expire 6 months 
2020 IL App (2d) 190589-U 

- 3 - 

after the property was sold; a deed would be tendered to the purchaser if the property was not 

redeemed; and possession would pass once the deed was delivered. 

¶ 7 On March 17, 2016, the trial court ordered that the Robinson lien, which was assigned to 

LMI, had priority; the Dixon lien was next, but with the exclusion of attorney fees; and LMI’s lien 

was third.

¶ 8 On April 10, 2018, the property was sold at public auction for $250,000. This was less 

than the total amount of all outstanding liens, all of which had accrued interest. The sheriff’s report 

of sale and distribution provided that a deed would be issued to the highest bidder once the date 

by which to redeem, i.e., October 10, 2018, passed. 

¶ 9 On May 15, 2018, before the period of redemption expired, LMI moved to confirm the sale 

and distribute the sale proceeds. The trial court granted that motion on May 17, 2018, and directed 

that (1) $32,332 would go to LMI as the assignee of the Robinson lien, (2) $23,375 would go to 

the Dixons, and (3) all remaining funds would go to LMI.

¶ 10 Although the Dixons did not object to the sale of the property, they did object to how the 

proceeds of the sale were distributed, and they argued that they were entitled to attorney fees. 

Thus, they filed a motion to vacate in part the May 17, 2018, order. 

¶ 11 On July 5, 2018, the trial court sua sponte vacated the May 17, 2018, order in its entirety. 

The court found that the order was entered in error because (1) the October 10, 2018, redemption 

deadline had not yet passed, (2) the confirmation order failed to address issuance of a deed to the 

highest bidder, and (3) the confirmation order failed to address possession of the property. 

¶ 12 LMI timely moved the trial court to reconsider the vacation of the May 17, 2018, order. 

The trial court denied that motion and found that, from the proceeds of the sale, the Dixons were 

entitled to $37,995, which was the original amount of their lien with attorney fees and interest, and 
2020 IL App (2d) 190589-U 

- 4 - 

that Reilly was entitled to $15,000 as homestead. The court directed LMI to deposit with the 

sheriff funds to cover these amounts. On June 6, 2019, a second confirmation of sale was entered, 

which addressed tendering title and transferring possession to the highest bidder. LMI timely 

appeals from that order, indicating in its notice of appeal that it is challenging the vacation of the 

May 17, 2018, order. 

¶ 13 II. ANALYSIS

¶ 14 On appeal, LMI contends that the May 17, 2018, order confirming the sale of the property

should not have been vacated. Before addressing that issue, we observe that we have jurisdiction 

to consider the issue, as LMI timely appeals from the final order entered June 6, 2019. See U.S. 

Bank National Ass’n v. Prabhakaran, 2013 IL App (1st) 111224, ¶ 21 (order confirming sale 

rendered case final and appealable); Reed v. Retirement Board of Fireman’s Annuity and Benefit 

Fund of Chicago, 376 Ill. App. 3d 259, 268 (2007) (on appeal from a final order, appellate court 

has jurisdiction to consider all nonfinal orders trial court previously entered). 

¶ 15 Turning to the merits, we note that neither the Dixons nor Reilly filed a brief on appeal. 

While we may not reverse summarily on that basis alone, we need not serve as an advocate for the 

Dixons or Reilly or search the record for a basis upon which to affirm. First Capitol Mortgage 

Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976); Orava v. Plunkett Furniture Co., 

297 Ill. App. 3d 635, 636 (1998). Unless the record is simple and the issues can be easily decided 

without the aid of an appellee’s brief, we will not decide the merits of the appeal but will reverse 

the judgment of the trial court only “if the appellant’s brief demonstrates prima facie reversible 

error and the contentions of the brief find support in the record.” Talandis, 63 Ill. 2d at 133; Orava, 

297 Ill. App. 3d at 636. 
2020 IL App (2d) 190589-U 

- 5 - 

¶ 16 We do not believe that the issue in this case can be easily decided. Therefore, the question 

is whether LMI’s brief establishes prima facie reversible error. “ ‘Prima facie means, “at first 

sight, on the first appearance, on the face of it, so far as can be judged from the first disclosure; 

presumably; a fact presumed to be true unless disproved by some evidence to the contrary.” 

[Citation.]’ ” Talandis, 63 Ill. 2d at 132 (quoting Harrington v. Hartman, 233 N.E.2d 189, 191 

(Ind. Ct. App.) (1967)). 

¶ 17 LMI arguesthat, because the law does not provide that a confirmation of sale can be entered

only after the right of redemption has passed, the trial court’s May 17, 2018, order vacating the 

confirmation of sale on that basis was erroneous. Resolving whether LMI has established 

prima facie error on this point requires us to examine various statutes.

¶ 18 In construing statutes, we must “ascertain and give effect to the legislature’s intent.” Lieb 

v. Judges’ Retirement System, 314 Ill. App. 3d 87, 92 (2000). The best indicator of the legislature’s 

intent is the plain language of the statute. Lee v. John Deere Insurance Co., 208 Ill. 2d 38, 43

(2003). “When the statute’s language is clear, it will be given effect without resort to other aids 

of statutory construction.” Id. “A court may also consider the reason for the statute, the problems 

it seeks to remedy, the purposes to be achieved, and the consequences of interpreting the statute 

one way or another.” Sperl v. Henry, 2018 IL 123132, ¶ 23. “One of the fundamental principles 

of statutory construction is to view all provisions of an enactment as a whole,” and thus, “words 

and phrases must be interpreted in light of other relevant provisions of the statute.” J.S.A. v. M.H., 

224 Ill. 2d 182, 197 (2007). We review the construction of statutes de novo. Hernandez v. Lifeline 

Ambulance, LLC, 2019 IL App (1st) 180696, ¶ 10. 

¶ 19 With these principles in mind, we turn to the statutes at issue here. Section 18 of the 

Mechanics Lien Act (Act) (770 ILCS 60/18 (West 2018)) provides the method by which property 
2020 IL App (2d) 190589-U 

- 6 - 

shall be sold to satisfy a judgment of foreclosure and sale entered in a mechanics lien case. 

Specifically, section 18 states: 

“Whatever right or estate such owner had in the land at the time of making the 

contract may be sold in the same manner as other sales of real estate are made under orders 

of court.” Id.

Section 18 of the Act indicates that the sale of real estate under the Act shall be accomplished in 

the same manner as other sales of real estate under court orders. By its plain language, section 18 

incorporates sections 12-101 et seq. of the Code of Civil Procedure (Code) (735 ILCS 5/12-101 

et seq. (West 2018)), which govern the enforcement of judgments against real estate. 

¶ 20 Section 20 of the Act (770 ILCS 60/20 (West 2018)), as well as section 12-122 of the Code 

(735 ILCS 5/12-122 (West 2018)), address the right of redemption. Section 20 of the Act provides:

“Upon all sales under this Act the right of redemption shall exist in favor of the 

same persons, and may be made in the same manner as is or may be provided for 

redemption of real estate from sales under judgments for the payment of money.” 770 

ILCS 60/20 (West 2018). 

Section 12-122 of the Code provides: 

“Any defendant *** may **, within 6 months from the sale, redeem the real estate 

so sold by paying to the purchaser thereof *** the sum of money for which the premises 

were sold or bid off ***, whereupon such sale and certificate shall be null and void.” 735 

ILCS 5/12-122 (West 2018)). 

Section 20 of the Act and section 12-122 of the Code make clear that there is a statutory right to 

redeem property for six months after the property is sold. 
2020 IL App (2d) 190589-U 

- 7 - 

¶ 21 Section 12-119 of the Code (id. § 12-119) addresses when a purchaser is entitled to a deed. 

Specifically, it states:

“When any real estate is sold by virtue of a judgment, or enforcement of mechanic’s lien, 

or vendor’s lien, or for the payment of money, the sheriff or other officer ***, instead of 

executing a deed for the premises sold, shall give to the purchaser a certificate describing 

the premises purchased by him or her, showing the amount paid therefor *** and the time 

when the purchaser will be entitled to a deed unless the premises are redeemed[.]” Id.

The plain language of section 12-119 of the Code provides that the purchaser is first given a 

certificate after purchasing the property. The certificate remains valid as long as the property is 

not redeemed. Id. § 12-122. The purchaser is entitled to a deed only if the property is not redeemed 

before the redemption period has expired. Id. § 12-119. 

¶ 22 The authority above clearly recognizes that the right of redemption applies in cases like 

this one and that the purchaser is entitled to ownership of the property only if the right of 

redemption is not exercised before the time to redeem has expired. The question remains, however, 

how this redemption right affects, if at all, the confirmation of the sheriff’s sale.

¶ 23 Section 12-144.5 of the Code (735 ILCS 5/12-144.5 (West 2018)) addresses that point. It 

provides: 

“(a) When the premises mentioned in the certificate are not redeemed in pursuance 

of law, the legal holder of the certificate shall promptly make a report to the court that 

issued the underlying judgment. The report shall include a copy of the certificate of sale; 

an affidavit, under oath, containing a good faith appraisal of the fair market value of the 

property; and a listing of all liens and mortgages including the value thereof.
2020 IL App (2d) 190589-U 

- 8 - 

(b) Upon motion and notice in accordance with court rules applicable to motions 

generally, including notice to the judgment debtor, the court issuing the underlying 

judgment shall conduct a hearing to confirm the sale. Unless the court finds that (i) notice 

as required by law was not given, (ii) the terms of the sale were unconscionable, (iii) the 

sale was conducted fraudulently, or (iv) justice was otherwise not done, the court shall then 

enter an order confirming the sale. In making these findings, the court shall take into 

account the purchase price at the sale in relation to the fair market value of the property 

less the value of any mortgages and liens.” Id.

Under section 144.5(a) of the Code, the purchaser, or holder of the certificate, shall tender to the 

court a report after the redemption period has expired. Then, under section 144.5(b) of the Code, 

the trial court uses that report to decide whether to confirm the sale of the property.

¶ 24 LMI argues that subsections (a) and (b) of section 12-144.5 of the Code must be read 

disjunctively. That is, it claims that, under section 12-144.5(b) of the Code, a confirmation hearing 

may take place before the redemption period has run. We disagree. 

¶ 25 As noted, we must read relevant provisions of a statute as a whole (J.S.A., 224 Ill. 2d at 

197) and in light of the consequences that may arise in interpreting a statute one way or another 

(Sperl, 2018 IL 123132, ¶ 23). If, as LMI suggests, the confirmation hearing could take place 

before the redemption period expired, there would be no need for the purchaser, or certificate 

holder, to file with the trial court a report listing a “good faith appraisal of the fair market value of 

the property” and “all liens and mortgages including the value thereof.” 735 ILCS 5/12-144.5(a) 

(West 2018). Such information would be worthless to the court if the sale of the property were

already confirmed. 
2020 IL App (2d) 190589-U 

- 9 - 

¶ 26 On the other hand, if the confirmation of the sale is permitted to take place only after the 

redemption period expires, a report listing a “good faith appraisal of the fair market value of the 

property” and “all liens and mortgages including the value thereof” becomes extremely valuable 

to the trial court. That is, such information certainly would aid the court in deciding, pursuant to 

section 12-144.5(b) of the Code, whether the sheriff’s sale was reasonable, i.e., whether the terms 

of the sale were unconscionable, the sale was conducted fraudulently, or justice was otherwise not 

done. 

¶ 27 Given the above, we determine that LMI has failed to establish prima facie error on the 

issue of whether the confirmation of a sale may be entered before the right to redeem the property 

has expired. Because the May 17, 2018, order confirming the sale here took place before the 

October 10, 2018, deadline to redeem the property had passed, vacation of the May 17, 2018, order 

was proper. In concluding that vacation of the order was proper on this ground, we need not 

consider the other grounds that the trial court advanced in vacating the May 17, 2018, order. 

¶ 28 III. CONCLUSION

¶ 29 For the reasons stated, we affirm the judgment of the circuit court of Lake County. 

¶ 30 Affirmed.