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MIDFIRST BANK v. ABNEY

No. 2-05-0853.

850 N.E.2d 373 (2006)

MIDFIRST BANK, Plaintiff, v. Rodney G. ABNEY II, Defendant and Counterplaintiff (David C. McCourt, Marena E. Abney, Meritage Mortgage Corporation, Unknown Owners, and Nonrecord Claimants, Defendants; Lawyers Title Insurance Corporation, as Subrogee of Rodney G. Abney II, Counterplaintiff-Appellee; David Forshay, Defendant and Counterdefendant and Third-Party Plaintiff-Appellant; Nations Title Agency of Illinois, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

June 7, 2006.

Attorney(s) appearing for the Case

Donald Q. Manning, McGreevy Williams, Rockford, for David Forshay.

Thomas P. Sandquist, Williams & McCarthy, P.C., Rockford, for Lawyers Title Insurance Corporation.

Yvonne C. Ocrant, Matthew M. Hevrin, Timothy G. Shelton, Hinshaw & Culbertson LLP, Chicago, for Nations Title Agency of Illinois, Inc.

Justice BYRNE delivered the opinion of the court:

Defendant, counterdefendant, and third-party plaintiff, David Forshay, bought property at a sheriff's foreclosure sale and then transferred the property to defendant and counterplaintiff, Rodney G. Abney II. Forshay warranted in his warranty deed that the title was free and clear of encumbrances. However, third-party defendant, Nations Title Agency of Illinois, Inc., which performed the title search for the closing...

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