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DOWNSTATE NAT. BANK v. ELMORE

No. 5-90-0599.

587 N.E.2d 90 (1992)

224 Ill. App.3d 1075

167 Ill.Dec. 208

DOWNSTATE NATIONAL BANK f/k/a the First National Bank in Altamont, Plaintiff-Appellee, v. Hal E. ELMORE, Luann K. Elmore and U.S. Mortgage Corporation, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

February 14, 1992.

Attorney(s) appearing for the Case

Bruce A. Burkey, Altamont, for defendants-appellants.

Paul F. Zeman, LeFevre, Zeman, Oldfield & Schwarm Law Group, Ltd., Vandalia, for plaintiff-appellee.

Presiding Justice GOLDENHERSH delivered the opinion of the court:

Defendants, Hal E. Elmore, Luann K. Elmore, and U.S. Mortgage Corporation, appeal from a declaratory judgment of the circuit court of Effingham County in favor of plaintiff, Downstate National Bank, formerly known as the First National Bank in Altamont.

We determine the issues on appeal to be (1) whether the lien rights of a junior mortgagee can be extinguished by a foreclosure suit if a comortgagor...

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