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PLAZA BANK v. KAPPEL

No. 1-01-2854.

779 N.E.2d 359 (2002)

334 Ill. App.3d 847

268 Ill.Dec. 745

PLAZA BANK, Plaintiff-Appellee, v. Frank R. KAPPEL, Jr., Unknown Owners, and Nonrecord Claimants, Defendants (David Azran, Intervenor-Appellant).

Appellate Court of Illinois, First District, First Division.

October 28, 2002.

Attorney(s) appearing for the Case

Nicholas Geroulis, Chicago, for Appellant.

Stephen D. Richek, Chicago, for Appellee.

Justice COHEN delivered the opinion of the court:

Plaintiff Plaza Bank filed a complaint pursuant to section 15-1504 of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1504 (West 1998)) seeking foreclosure on a mortgage issued to defendant Frank Kappel, Jr. Following entry of a default judgment of foreclosure, the underlying action was dismissed for want of prosecution. The property was then sold at a public auction to David Azran. The dismissal...

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