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WELLS FARGO BANK, N.A. v. TERRY

No. 1-09-0617.

928 N.E.2d 540 (2010)

WELLS FARGO BANK, N.A., as Trustee, Plaintiff and Counterdefendant-Appellee, v. Ernestine TERRY, Unknown Owners, and Nonrecord Claimants, Defendants (Ernestine Terry, Counterplaintiff-Appellant and Third-Party Plaintiff-Appellant, v. Option One Mortgage Corporation, Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied May 27, 2010.

Attorney(s) appearing for the Case

Lloyd Brooks, The Brooks Law Firm, Dolton, IL, for Defendant-Appellant.

Dianne E. Rist, S. Todd Sipe, Gina M. Lavarda, Chapman and Cutler LLP, Chicago, IL, for Plaintiff-Appellee.

Justice GARCIA delivered the opinion of the court.

Ernestine Terry, defendant, counterplaintiff, and third-party plaintiff, appeals the dismissal of her affirmative defense, counterclaim, and third-party complaint that the circuit court granted pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2008). The circuit court held that her right to rescind a mortgage issued by appellees Wells Fargo Bank and Option One Mortgage Corporation...

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