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IN RE COUNTY TREASURER

No. 3-04-0777.

837 N.E.2d 947 (2005)

361 Ill. App.3d 504

297 Ill.Dec. 496

In re the Application of the COUNTY TREASURER AND EX-OFFICIO COUNTY COLLECTOR OF McDONOUGH COUNTY, Illinois, for Order of Judgment and Sale Against Real Estate Returned Delinquent for the Non-payment of General Taxes for the Year 1999 (H & H Investments, Petitioner-Appellant, v. Green Tree Servicing, LLC, f/k/a Conseco Finance Servicing Corporation, Respondent-Appellee).

Appellate Court of Illinois, Third District.

October 28, 2005.

Attorney(s) appearing for the Case

A. Anthony Ashenhurst (argued), Westervelt, Johnson, Nicoll & Keller, LLC, Macomb, for H & H Investments.

Jennifer M. Vander Wagen, Diana A. Athanasopoulos, Catherine Norden, Pierce & Associates, P.C., James V. Noonan (argued), Noonan & Lieberman, Ltd., Chicago, for Green Tree Servicing, LLC, Conseco Finance Service Corp.

Justice LYTTON delivered the opinion of the court:

The circuit court of McDonough County entered an order directing issuance of a tax deed to petitioner H & H Investments. Two months later, respondent Green Tree Financial Servicing Corporation (Green Tree), f/k/a Conseco Finance Servicing Corporation (Conseco), filed a petition to vacate the deed, alleging that it did not have notice of the petition. The trial court granted Green Tree's petition, concluding that...

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