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DAMEN SAV. & LOAN v. HERITAGE STANDARD BK.

No. 81-378.

103 Ill. App.3d 301 (1982)

431 N.E.2d 34

DAMEN SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, v. HERITAGE STANDARD BANK AND TRUST COMPANY, Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed January 19, 1982.

Attorney(s) appearing for the Case

John K. Wheeler, of Wheeler and Wheeler, of Woodridge, for appellant.

John V. DeStefano, of John H. Barcelona, Ltd., of Oak Lawn, for appellees.

Reversed and remanded.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

Whether a "due-on-transfer" clause in a mortgage becomes operative upon transfer of record title to the trustee under a standard Illinois Land Trust is the question before us. The trial court dismissed the complaint of Damen Savings and Loan Association (mortgagee) for foreclosure, concluding that the conveyance to Heritage Standard Bank and Trust Company, as trustee, was...

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