UnionBank v. Thrall

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0713 Rel

Case Date: 06/29/2007

Preview:No. 2--06--0713 Filed: 6-29-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ UNIONBANK, ) Appeal from the Circuit Court ) of De Kalb County. Plaintiff-Appellee, ) ) v. ) No. 04--CH--48 ) TRACY THRALL, a/k/a Tracy N. Thrall; ) JAMIE THRALL, LAKE HOLIDAY ) MARINA, INC., WILLIAM LOKEY, ) JONELL LOKEY, DONALD KAUS, ) CEARISE BENES, JAMES ROONEY, ) EUREKA SAVINGS BANK, UNKNOWN ) OWNERS, and NON-RECORD ) CLAIMANTS, ) ) Defendants ) Honorable ) Kurt P. Klein, (Eureka Savings Bank, Defendant-Appellant). ) Judge, Presiding. ______________________________________________________________________________ JUSTICE GILLERAN JOHNSON delivered the opinion of the court: This mortgage foreclosure case gave rise to a dispute between two banks, plaintiff UnionBank (Union) and defendant Eureka Savings Bank (Eureka), regarding which bank's loans had priority. The trial court held that Union had priority, and Eureka appeals. We reverse and remand. The facts are largely undisputed. The mortgagor, Tracy Thrall, owned several parcels of residential real estate including one in Sandwich, Illinois, and one in Somonauk, Illinois. Thrall borrowed money from both Eureka and Union at various times and secured these loans with separate mortgages on the properties, as follows:

No. 2--06--0713

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