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INLAND BANK AND TRUST v. KNIGHT

No. 1-09-0262.

927 N.E.2d 777 (2010)

INLAND BANK AND TRUST, f/k/a Westbank, an Illinois Banking Corporation, Plaintiff-Appellee, v. Carlton W. KNIGHT, Chicago Title Land Trust Co., as Successor Trustee to N.A.B. Bank, as Trustee under Trust Agreement No. 2-107-0, United States of America, Unknown Beneficiaries of Chicago Land Trust Company Trust No. 2-107-0, City of Chicago, a Municipal Corporation, Unknown Owners, and Nonrecord Claimants, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

March 19, 2010.

Attorney(s) appearing for the Case

Cook, Revak & Associates, Ltd., Chicago, IL, for Defendants-Appellants, Carlton W. Knight, et al.

Carey, Filter, White & Boland, Chicago, IL, for Plaintiff-Appellee, Inland Bank and Trust.

Justice LAVIN delivered the opinion of the court:

This current appeal concerns a mortgage foreclosure action brought by plaintiff-appellee Inland Bank and Trust (Inland) on an apartment complex. Defendants-appellants appeal an order by the circuit court granting Inland's motion to strike defendants' affirmative defenses to the foreclosure complaint and a counterclaim alleging a violation of the Interest Act (815 ILCS 205/1 et seq. (West 2006)).

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