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UNITED STATES v. WINTHROP TOWERS

No. 79-2055.

628 F.2d 1028 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. WINTHROP TOWERS, a limited partnership, and Metropolitan Bank and Trust Company as Trustee under Trust 1037, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1980.

Attorney(s) appearing for the Case

David V. Kahn, Chicago, Ill., for defendants-appellants.

John H. Mahoney, Dept. of Housing and Urban Development, Chicago, Ill., argued for plaintiff-appellee; Mary A. Thomas, Frederick H. Branding, Asst. U. S. Attys., Thomas P. Sullivan, U. S. Atty., Chicago, Ill., on brief.

Before WOOD, Circuit Judge, MARKEY, Chief Judge, and CUDAHY, Circuit Judge.

CUDAHY, Circuit Judge.

This is an action brought by the United States, on behalf of the Secretary of Housing and Urban Development (the "Secretary" and "HUD") to foreclose a federally insured mortgage because the mortgage loan was in default. The defendant mortgagor, Winthrop Towers, admitted that the loan was in default but raised four affirmative defenses to HUD's action. The district court concluded that the Secretary...

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