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UNION PLANTERS BANK, N.A. v. FT MORTG. COS.

No. 5-02-0450.

794 N.E.2d 360 (2003)

341 Ill. App.3d 921

276 Ill.Dec. 465

UNION PLANTERS BANK, N.A., Successor Through Merger to Magna Bank, N.A., Plaintiff-Appellee, v. FT MORTGAGE COMPANIES, d/b/a Sunbelt National Mortgage, Defendant-Appellant (Charles E. LaFore, Theresa K. LaFore, Unknown Owners, and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted July 17, 2003.

Attorney(s) appearing for the Case

Joshua G. Vincent, Hinshaw & Culbertson, Chicago, for Appellant.

Cherie K. MacDonald, The Stolar Partnership, Belleville, for Appellee.

Justice KUEHN delivered the opinion of the court:

This case involves a determination of the priority of mortgage liens. FT Mortgage Companies appeals from the trial court's May 21, 2002, order resolving competing motions for a summary judgment on the matter of a lien priority in favor of Union Planters Bank, N.A. In reaching this decision, the trial court concluded that the doctrine of conventional subrogation did not apply to the facts at issue.

Charles and...

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