FEDERAL NAT. MORTG. ASS'N v. KUIPERS

Nos. 2-99-0933, 2-99-1377.

732 N.E.2d 723 (2000)

314 Ill. App.3d 631

247 Ill.Dec. 668

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff and Counterdefendant-Appellee, v. Dale D. KUIPERS; Beverly G. Kuipers; Kane County Bank and Trust Company; Unknown Tenants; Unknown Owners and Nonrecord Claimants, Defendants (Lisa R. Fortney, Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, Second District.

June 28, 2000.


Attorney(s) appearing for the Case

James T. Crotty, Drew Balac, James T. Crotty & Associates, Chicago, for Lisa R. Fortney.

Amelia S. Newton, Pierce & Associates, P.C., Chicago, for Federal National Mortgage Association in No. 2-99-0933.

Robert J. Britz, Ottosen, Trevarthen, Britz, Dooley & Kelly, Ltd., Elburn, for Kane County Bank & Trust Co.

Amelia S. Newton, Pierce & Associates, P.C., Chicago, for Federal National Mortgage Association, Beverly G. Kuipers, Dale D. Kuipers in No. 2-99-1377.


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 an assignee of a priority mortgage may maintain that priority position over a judgment creditor without recording the assignment of mortgage.

On July 24, 1994, Dale Kuipers and Beverly Kuipers executed a note and mortgage for the sum of $100,000 in favor of Medallion Mortgage Company (Medallion...

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