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OSAGE CORP. v. SIMON

No. 2-92-0449.

613 N.E.2d 770 (1993)

245 Ill. App.3d 836

184 Ill.Dec. 453

OSAGE CORPORATION, as Assignee of Beverly Bank Matteson, Plaintiff, v. Michael B. SIMON et al., Defendants and Counterdefendants-Appellants. (La Salle National Bank, as Successor Trustee to Northwest National Bank of Chicago, as Trustee, et al., Defendants; First Cook Bank for Savings, Defendant and Counterplaintiff-Appellee).

Appellate Court of Illinois, Second District.

Rehearing Denied June 15, 1993.

Attorney(s) appearing for the Case

Jay D. Freidin, Schwartz, Freidin & Associates, Robert P. Sheridan, Robert A. Clifford & Associates, Chicago, for Michael B. Simon.

Sylvia Neumann, Pierce & Associates, Edward P. Freud, Ruff, Weidenaar & Reidy, Ltd., Chicago, for Osage Corp.

Justice QUETSCH delivered the opinion of the court:

Defendants, Michael and Heidi Simon, who are husband and wife, are coholders of the beneficial interest in residential property held in trust by La Salle National Bank (La Salle). Osage Corporation (Osage), as assignee of Beverly Bank Matteson (Beverly), sought a judgment foreclosing a trust deed on the property. First Cook Bank for Savings (First Cook) filed a counterclaim to foreclose a mortgage on the same property...

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