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FINANCIAL FREEDOM v. KIRGIS

No. 1-06-0523.

877 N.E.2d 24 (2007)

FINANCIAL FREEDOM, f/k/a Unity, Mortgage Corporation, d/b/a The Reverse Mortgage Company Plaintiff-Appellee, v. Mabel A. KIRGIS, United States of America Department of Housing and Urban Development, Unknown Heirs and Legatees of Mabel A. Kirgis, Raymond Kirgis Jr., Mary Scholze, Patricia Bishop, Unknown Owners and Non-Record Claimants, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

September 28, 2007.

Attorney(s) appearing for the Case

Susan M. Rentscheler, Law Offices of Susan M. Rentscheler, Chicago, for Appellant.

E. William Maloney, Maloney, Craven & Longstreet, P.C., Des Plaines, for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

Plaintiff, Financial Freedom, f/k/a Unity Mortgage Corp., d/b/a/ the Reverse Mortgage Co., filed a complaint to foreclose a reverse mortgage against numerous defendants including the deceased mortgagor/borrower, Mabel A. Kirgis (Mabel), and her son, Raymond Kirgis Jr. (Raymond). Raymond filed a motion to dismiss pursuant to section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(6) (West 2002...

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