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UNIONBANK v. THRALL

No. 2-06-0713.

872 N.E.2d 542 (2007)

UNIONBANK, Plaintiff-Appellee, v. Tracy THRALL, a/k/a Tracy N. Thrall; Jamie Thrall, Lake Holiday Marina, Inc., William Lokey, Jonell Lokey, Donald Kaus, Cearise Benes, James Rooney, Eureka Savings Bank, Unknown Owners, and Non-Record Claimants, Defendants (Eureka Savings Bank, Defendant-Appellant).

Appellate Court of Illinois, Second District.

June 29, 2007.

Attorney(s) appearing for the Case

Phyllis J. Perko, Law Offices of Harlovic & Perko, West Dundee, for Eureka Savings Bank.

Richard J. Berry, Myers, Berry, O'Conor & Kuzma, Ltd., Ottawa, for Union-Bank.

Justice GILLERAN JOHNSON delivered the opinion of the court:

This mortgage foreclosure case gave rise to a dispute between two banks, plaintiff UnionBank (Union) and defendant Eureka Savings Bank (Eureka), regarding which bank's loans had priority. The trial court held that Union had priority, and Eureka appeals. We reverse and remand.

The facts are largely undisputed. The mortgagor, Tracy Thrall, owned several parcels of residential real estate including...

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