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HAYES v. M & T MORTG. CORP.

No. 1-07-1063.

906 N.E.2d 638 (2009)

Zakryscha HAYES, Plaintiff-Appellant and Counterdefendant-Appellant, v. M & T MORTGAGE CORPORATION, and Old Second Mortgage Company., Defendants-Appellees (M & T Mortgage Corporation, Counterplaintiff-Appellee; Custom Home Built Improvement Company, Sourmar Masonry Restoration, Inc., Patria Construction LLC, City of Chicago, and Unknown Owners and Non-Record Claimants, Defendants).

Appellate Court of Illinois, First District, Third Division.

March 25, 2009.

Attorney(s) appearing for the Case

The Brooks Law Firm, of Dalton (Lloyd J. Brooks, of counsel), for Appellant.

Noonan & Lieberman, Ltd., of Chicago (Mitchell A. Lieberman, of counsel), for Defendant/Counter-Plaintiff-Appellee Manufacturers & Traders Trust Company.

Law Offices of Cooper, Storm & Piscopo, of Geneva (Stephen M. Cooper, Peter M. Storm and Philip J. Piscopo, of counsel), for Appellee Old Second Mortgage Company.

Justice COLEMAN delivered the opinion of the court:

Zakryscha Hayes faced default on a federally insured mortgage, filed an action seeking damages for the lender's failure to abide by applicable federal regulations, and also asserted the regulation breach as a basis for dismissal of the lender's foreclosure complaint. Her action was dismissed, her motion for judgment on the foreclosure was denied, and the lender foreclosed on her property. Hayes appeals, contending...

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