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MIDWEST BANK AND TRUST CO. v. US BANK

No. 2-05-1255.

859 N.E.2d 71 (2006)

307 Ill.Dec. 71

MIDWEST BANK AND TRUST COMPANY, Successor by Merger to Midwest Bank of McHenry County, Plaintiff, v. US BANK, f/k/a Firstar Bank, f/k/a First National Bank of Geneva, as Trustee under the provisions of a Trust Agreement dated September 3, 1985, and known as Trust No. 2312; The United States of America; Barbara Strandell; Weisz, Michling and Hoffman, P.C.; Unknown Owners; and Nonrecord Claimants, Defendants (Harold Strandell, Defendant-Appellant; Cardunal Investment Group, Inc., and Patina, Ltd., Third-Party Purchasers-Appellees).

Appellate Court of Illinois, Second District.

November 13, 2006.

Attorney(s) appearing for the Case

Tyler A. Moore, Barrick, Switzer, Long, Balsley & Van Evera, Rockford, for Harold J. Strandell.

James M. Kiss, Kiss, Ryan & Anderson, Ltd., P.C., Carpentersville, for Cardunal Investment Group, Inc.

Justice BOWMAN delivered the opinion of the court:

At issue in this case is whether the trial court abused its discretion by distributing surplus funds from the sale of foreclosed property to third-party purchasers-appellees Cardunal Investment Group, Inc., and Patina, Ltd. (collectively Cardunal), for the payment of real estate taxes. We conclude that the trial court abused its discretion by doing so, and therefore, we reverse and remand.

I. BACKGROUND<...

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