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FIRST MIDWEST v. POGGE

No. 4-97-0393.

687 N.E.2d 1195 (1997)

293 Ill. App.3d 359

227 Ill.Dec. 713

FIRST MIDWEST, A DIVISION OF JACKSONVILLE SAVINGS BANK, f/k/a Jacksonville Savings and Loan Association, a Corporation, Plaintiff-Appellant, v. Mariann POGGE, Bankruptcy Trustee for Patricia L. Cox, Defendant-Appellee (James L. Cox, Illini Bank of Auburn, a Corporation, Creditthrift of America Inc., a Corporation, Lester L. Royer, Grace I. Royer, Unknown Owners and Non-Record Claimants, Defendants).

Appellate Court of Illinois, Fourth District.

Decided December 8, 1997.

Attorney(s) appearing for the Case

Alan W. Applebee (argued), Jacksonville, for First Midwest.

James R. Enlow (argued), Scott & Scott, P.C., Springfield, for Mariann Pogge.

Justice COOK delivered the opinion of the court:

In May 1988, Patricia Cox filed an action seeking the dissolution of her marriage to James Cox. They jointly owned a home located in Virden, Illinois, which was subject to a first mortgage held by the Illini Bank of Auburn. The couple also had taken out three loans from First Midwest, a division of Jacksonville Savings and Loan Association (First Midwest), and James Cox...

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