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RESOLUTION TRUST CORP. v. HOLTZMAN

No. 1-91-2539.

618 N.E.2d 418 (1993)

248 Ill. App.3d 105

187 Ill.Dec. 827

RESOLUTION TRUST CORPORATION, as receiver for Great American Savings and Loan Association, F.A., as assignee of Great American Federal Savings and Loan Association, a corporation organized and existing under the laws of the United States of America, Plaintiff-Appellee, v. Richard M. HOLTZMAN, Preservation Chicago, Inc., Manor House Development Corporation and Harris Trust and Savings Bank, as Trustee under Trust Agreement dated December 8, 1986, and known as Trust No. 43840, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied July 19, 1993.

Attorney(s) appearing for the Case

Daniel S. Hefter, Edward M. Benyas, Hefter & Radke, Chicago, for plaintiff-appellee.

Robert K. Blain, Law Offices of Robert K. Blain, Chicago, for defendants-appellants.

Justice GREIMAN delivered the opinion of the court:

Plaintiff, Resolution Trust Corporation,1 filed an action to foreclose a mortgage secured by a multi-unit apartment building, title to which is in codefendant Harris Trust & Savings Bank as trustee under trust agreement known as trust # 43840. Richard M. Holtzman (Holtzman) guaranteed the mortgage note and was joined as a defendant.

The trial court entered judgment for foreclosure in favor of plaintiff...

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