WEST SUBURBAN BANK v. LATTEMANN

No. 2-95-1545.

674 N.E.2d 149 (1996)

285 Ill. App.3d 313

220 Ill.Dec. 878

WEST SUBURBAN BANK, Plaintiff-Appellee, v. Gunter LATTEMANN et al., Defendants (Costas Kappos, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

December 12, 1996.


Attorney(s) appearing for the Case

Jeffrey G. Liss, Chicago, and John F. O'Meara, Park Ridge, for Costas Kappos.

Giagnorio & Robertelli, Ltd., Vincent Robertelli, Bloomingdale, and Robert G. Black, Naperville, for West Suburban Bank.


Justice GEIGER delivered the opinion of the court:

The intervenor, Costas Kappos, was the purchaser at a sale held pursuant to a judgment foreclosing a second mortgage on residential real estate. The plaintiff, West Suburban Bank, was the mortgagee. This court vacated the judgment and the sale as void because the plaintiff failed to serve one of the mortgagors. We also ruled that Kappos was entitled to the $80,000 he paid for the property and remanded the cause for...

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