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RESOLUTION TRUST CORP. v. HARDISTY

No. 3-94-0448.

646 N.E.2d 628 (1995)

269 Ill.App.3d 613

207 Ill.Dec. 62

RESOLUTION TRUST CORPORATION, as Conservator for Standard Federal Savings Association, Transferee of Resolution Trust Corporation for Standard Federal Savings Bank, Plaintiff-Appellee, v. Albert R. HARDISTY, Jr., Defendant-Appellant (Cheryl A. Hardisty, Esther M. Joyal, Unknown Spouse of Esther Joyal, Unknown Tenants and/or Occupants, Unknown Owners and Non-Record Claimants, Defendants).

Appellate Court of Illinois, Third District.

Rehearing Denied March 14, 1995.

Attorney(s) appearing for the Case

Daniel J. Kallan, Kallan & Grnacek, Joliet, for Albert R. Hardisty, Jr.

Samuel H. Levine, Harold I. Levine, Ltd., Chicago, Codilis Associates, Darien, for Resolution Trust Corp., Standard Fed. Sav. Assoc., Standard Fed. Sav. Bank.

Presiding Justice STOUDER delivered the opinion of the court:

Plaintiff, Resolution Trust Corporation, filed a two count complaint in the circuit court of Will county. Count I sought a foreclosure of its mortgage against property located in Romeoville, Illinois, and a personal deficiency judgement against defendant, Albert Hardisty, based on a mortgage note. Count II sought liability against the defendant based on the Family Expense Act. The circuit court of Will...

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