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HOME S. & L. ASSOCIATION v. SCHNEIDER

No. 61084.

108 Ill.2d 277 (1985)

483 N.E.2d 1225

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

Supreme Court of Illinois.

Opinion filed October 3, 1985.

Attorney(s) appearing for the Case

Anesi, Ozmon, Lewin & Associates, Ltd., of Chicago (Nat P. Ozmon and Steven E. Nieslawski, of counsel), for appellants.

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

Appellate court affirmed in part and reversed in part; circuit court affirmed in part and vacated in part; cause remanded.

JUSTICE MORAN delivered the opinion of the court:

This action was filed in the circuit court of Will County by Home Savings and Loan Association of Joliet (Home Savings), seeking enforcement of a "due-on-sale" provision in a mortgage executed by Roy E. Schneider and Sue C. Schneider. Also named as defendants were Richard H. Hataburda and...

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