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BANKERS LIFE CO. v. DENTON

No. 3-83-0275.

120 Ill. App.3d 576 (1983)

458 N.E.2d 203

BANKERS LIFE COMPANY, Plaintiff-Appellee, v. JAMES D. DENTON et al., Defendants-Appellants (Midlothian State Bank, Trustee, et al., Defendants-Appellees).

Appellate Court of Illinois — Third District.

Opinion filed December 29, 1983.

Attorney(s) appearing for the Case

Brian J. Moore, of Frankfort, and David K. Igasaki, of Will County Legal Assistance Program, Inc., of Joliet, and William L. Eaton, law student, for appellants.

George J. Vosicky and Thomas Feehan, both of Thomas, Wallace, Feehan, Baron and Kaplan, Ltd., of Joliet, for appellees.

Reversed and remanded.

PRESIDING JUSTICE STOUDER delivered the opinion of the court:

This action was brought to foreclose a mortgage insured by the United States Department of Housing and Urban Development (H.U.D.). The circuit court of Will County entered judgment in favor of the plaintiff, Bankers Life Company, after striking the first and second affirmative defenses of the defendants, James and Karen Denton.

On December 21, 1981, the plaintiff filed...

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