AAMES CAPITAL CORP. v. INTERSTATE BANK OF OAK FOREST

No. 2-99-1280.

734 N.E.2d 493 (2000)

315 Ill. App.3d 700

248 Ill.Dec. 565

AAMES CAPITAL CORPORATION, Plaintiff-Appellant, v. INTERSTATE BANK OF OAK FOREST, Defendant-Appellee (Patrick J. Wangler; Diane M. Wangler, a/k/a Dianne M. Wangler; United States of America; Unknown Owners and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Second District.

July 31, 2000.


Attorney(s) appearing for the Case

Timothy J. Patenode, Karl R. Barnickol, Katten, Muchin & Zavis, Chicago, for Aames Capital Corp.

James T. Ashack, Joseph E. Daudish, Joseph J. DeMichael, Elmore & DeMichael, Oak Forest, for Interstate Bank.


Justice GEIGER delivered the opinion of the court:

This appeal arises from a dispute concerning lien priority in a mortgage foreclosure proceeding. The issue is whether a mortgagee that pays off a priority mortgage pursuant to a refinancing agreement is entitled to be subrogated to the priority mortgage lien recorded by the original mortgagee.

On October 17, 1986, Patrick Wangler and Diane Wangler executed a note and mortgage in favor of Hinsdale Federal Savings...

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