In Re Fitch

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

At issue before this Court is the validity of a mortgage foreclosure sale conducted under the Illinois Mortgage Foreclosure Act, Illinois Revised Statutes, Chapter 110, Paragraph 15-1101 et seq. (“Illinois Act”). The issue arises in connection with the Chapter 13 case of Johnny Lee Fitch (“Debtor”). More specifically, it arises because of the motion to modify stay or dismiss (“Motion”) brought by Mellon Financial Services (“Mellon”), the mortgagee on whose behalf the foreclosure sale in issue was conducted.

The foreclosure sale of Debtor’s…