COMERICA BANK-ILLINOIS v. HARRIS BANK HINSDALE

Nos. 1-95-0542, 1-95-0733, 1-95-0814 and 1-95-4362.

673 N.E.2d 380 (1996)

284 Ill. App.3d 1030

220 Ill.Dec. 468

COMERICA BANK-ILLINOIS, Plaintiff-Appellant and Counterdefendant-Appellee, v. HARRIS BANK HINSDALE, et al., Defendants-Appellees and Cross-Appellees Chicago Title and Trust Company, et al., Cross-Appellants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

November 7, 1996.


Attorney(s) appearing for the Case

Jonathan L. Loew of Spitzer, Addis, Susman & Krull, Chicago, for Comerica.

Ruben, Kaplan & Rosen, Skokie (Bernard M. Kaplan, of counsel), for Chicago Title & Trust Co.

Richard L. Hirsh of Richard L. Hirsh & Assoc., Oak Brook, for Harris Bank Hinsdale, as Trustee, and Hillside 1 General Partnership.


Justice THEIS delivered the opinion of the court:

In this consolidated appeal, a first and second mortgagee ask this court to review the trial court's order awarding rents to a mortgagor who defaulted on its first and second mortgages. The trial court placed rents initially collected by the first mortgagee into the hands of a receiver. The court then ruled that the rents should be returned to the mortgagor because the mortgagor was in possession of the property at...

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