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MOUNTAIN STATES MORTG. CENTER v. ALLEN

Nos. 1-91-2629, 1-92-0172.

628 N.E.2d 1052 (1993)

257 Ill. App.3d 372

195 Ill.Dec. 588

MOUNTAIN STATES MORTGAGE CENTER, INC., Plaintiff-Appellant, v. Michael L. ALLEN, et al., Defendants-Appellees (Commercial Credit Loans, Inc., Counterplaintiff-Appellee; Michael L. Allen, et al., Counterdefendants-Appellants; Paul B. Javaras, Intervenor-Appellee).

Appellate Court of Illinois, First District, Third Division.

December 29, 1993.

Attorney(s) appearing for the Case

Jaros, Tittle & O'Toole, Chicago (James E. Trausch, of counsel), for plaintiff-appellant Mountain States Mortg.

Law Offices of Lawrence Friedman, Ira T. Nevel, Chicago, for defendants-appellees Commercial Credit Loans, Inc.

Bashaw & Associates, Clarendon Hills (Steven B. Bashaw, of counsel), for intervenor-appellee, Paul B. Javaras.

Justice RIZZI delivered the opinion of the court:

Plaintiff, Mountain States Mortgage Center, Inc. (Mountain States), filed an action against defendant, Commercial Credit Loans, Inc. (Commercial Credit), to foreclose on a mortgage executed by defendants Michael L. and Gwendolyn L. Allen. Defendant Commercial Credit filed a counterclaim against plaintiff whereupon it alleged that its lien had priority over plaintiff's mortgage. The parties filed cross-motions for summary...

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