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HOME SAVINGS & LOAN ASS'N v. SCHNEIDER

No. 3-83-0522.

127 Ill. App.3d 689 (1984)

469 N.E.2d 585

HOME SAVINGS AND LOAN ASSOCIATION OF JOLIET, Plaintiff, v. ROY E. SCHNEIDER et al., Defendants (Ernest L. Harrelson et al., Counterplaintiffs-Appellees, v. Richard H. Hataburda et al., Counterdefendants-Appellants).

Appellate Court of Illinois — Third District.

Rehearing denied October 19, 1984.

Attorney(s) appearing for the Case

James C. Murray, Jr., and Beth Byster Corvino, both of Katten, Muchin, Zavis, Pearl & Galler, of Chicago, and James E. Babcock, of Wright & Babcock, of Joliet, for appellants.

Roman R. Okrei, of Stefanich, McGarry & Wols, Ltd., of Joliet, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE BARRY delivered the opinion of the court:

The suit which is the subject of this appeal was initiated in the circuit court of Will County on December 1, 1981, by Home Savings and Loan Association, mortgagee of property at 725 Geneva Avenue, Romeoville. The financial institution's foreclosure cause of action sought to enforce a due-on-sale provision in its 1972 mortgage agreement against mortgagors...

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