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NBD HIGHLAND PARK BANK, N.A. v. WIEN

No. 2-92-1412.

622 N.E.2d 123 (1993)

251 Ill. App.3d 512

190 Ill.Dec. 713

NBD HIGHLAND PARK BANK, N.A., Plaintiff-Appellee, v. Robert E. WIEN et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

Rehearing Denied November 16, 1993.

Attorney(s) appearing for the Case

Hercules Paul Zagoras (on the brief), Hercules Paul Zagoras & Associates, Ltd., Waukegan, James T. Malysiak (argued & on the brief), Scott R. Halloin (on the brief), Freeman, Freeman & Salzman, P.C., Chicago, for Robert E. Wien, Miriam C. Wien, Chicago Title & Trust Co., Jack Donatelli, U.S. Asst. Atty., Katahn Assoc., Inc., Paul Donohue, Certified Grocers Midwest, Inc., Paul D. Rudnick.

Ethan E. Trull, Paul F. Donahue (argued & on the brief), Seyfarth, Shaw, Fairweather & Geraldson, Jack Donatelli, Asst. Atty. Gen., Karon Sheldon, Keck, Mahin & Kate, Martin W. Salzman, Schwartz, Cooper, Kolb & Gaynor, Chtd., Paul D. Rudnick, Rudnick & Wolfe, Chicago, for NBD Highland Park Bank, First Natl. Bank/Highland Pk.

Justice COLWELL delivered the opinion of the court:

This appeal arises from a foreclosure action against a residential property (the property) in Highland Park, Illinois, owned by Robert E. Wien (Robert) and his wife, Miriam. The original plaintiff, NBD Highland Park Bank, N.A. (Bank), filed a foreclosure action against the property, and its first mortgage was uncontested. Robert's brother Byron R. Wien (Byron) joined in that action, claiming a junior lien against...

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