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CITICORP SAV. OF ILLINOIS v. RUCKER

No. 1-95-3551.

692 N.E.2d 1319 (1998)

295 Ill. App.3d 801

230 Ill.Dec. 153

CITICORP SAVINGS OF ILLINOIS, Plaintiff and Counterdefendant-Appellee, v. Fred RUCKER, American National Bank and Trust Company of Chicago, as Trustee, Harry "Bus" Yourell, Chicago Title and Trust Company, as Trustee, Lavergne Jones, Unknown Owners and Nonrecord Claimants, Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 27, 1998.

Attorney(s) appearing for the Case

Ralph W. Miller, Jr., Oak Brook, Joseph R. Mitchell, Chicago, for Defendants and Counterplaintiffs-Appellants.

David I. Herbst, Ronald A. Damashek, Scott H. Kenig, Holleb & Coff, Chicago, for Plaintiff and Counterdefendant-Appellee.

Justice SOUTH delivered the opinion of the court:

On January 30, 1978, American National Bank and Trust Company of Chicago, as trustee, executed a promissory note in favor of Citicorp Savings of Illinois, n/k/a Citibank, F.S.B., in the original principal amount of $25,000. The note was secured by a mortgage on a six-unit apartment building located at 1456-1458 East 71st Place in Chicago, Illinois. At all relevant times, title to the property was held by the trustee...

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