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BANK OF AMERICA, N.A. v. BIRD

No. 5-08-0188.

911 N.E.2d 1239 (2009)

BANK OF AMERICA, N.A., Successor in Interest by Merger with NationsBank, NA, Plaintiff and Counterdefendant-Appellant, v. Ross E. BIRD, a/k/a Ross Eugene Bird, Defendant and Counterplaintiff-Appellee, and Vicki C. Bird, a/k/a Vicki Carol Bird; Unknown Owners; and Nonrecord Claimants, Defendants.

Appellate Court of Illinois, Fifth District.

July 8, 2009.

Attorney(s) appearing for the Case

Terry Sharp, Law Office of Terry Sharp, P.C., Mt. Vernon, IL, Lawrence M. Benjamin, Neal, Gerber & Eisenberg, LLP, Chicago, IL, for Appellant.

Douglas A. Antonik, Antonik Law Offices, Vernon, IL, for Appellee.

Justice DONOVAN delivered the opinion of the court:

The plaintiff, Bank of America, N.A., successor in interest by merger with NationsBank, NA (Bank of America), filed an action in the circuit court of Jefferson County to foreclose its mortgage liens on a house jointly owned by the defendants, Ross E. Bird and Vicki C. Bird, and Ross Bird filed a three-count counterclaim alleging negligence, fraud, and violations of the

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