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AL BARAKA BANCORP (CHICAGO) v. HILWEH

No. 93-593.

656 A.2d 197 (1994)

AL BARAKA BANCORP (CHICAGO), INC. v. Munhib HILWEH, the Hilweh Enterprises Corp., and Norstar Bank of Upstate New York, Inc.

Supreme Court of Vermont.

Motion for Reargument Denied January 5, 1995.

Attorney(s) appearing for the Case

Donald J. Rendall, Jr. of Sheehey Brue Gray & Furlong P.C., Burlington, and Jeffrey B. Lieberman and John J. Sikora, Jr. of Barak, Ferrazzano, Kirschbaum & Perlman, Chicago, IL, for plaintiff-appellant.

George A. Michak of Eckert Seamans Cherin & Mellott, Harrisburg, PA, Gregory S. Mertz of McCormick, Fitzpatrick & Mertz, P.C., Burlington, and David J. Wukitsch of McNamee, Lochner, Titus & Williams, P.C., Albany, NY, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

DOOLEY, Justice.

This is a mortgage foreclosure action in which two competing mortgagees—Al Baraka Bancorp (Chicago), Inc., plaintiff, and Norstar Bank of Upstate New York, Inc., defendant—are seeking to reach mortgaged property in Colchester, Vermont. The mortgagor, The Hilweh Enterprises Corp. (HEC) of Plattsburg, New York, did not contest foreclosure and has not appeared here. Plaintiff initiated this action, relying on HEC's default in making payments...

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