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ABN AMRO MORTG. GROUP, INC. v. McGAHAN

No. 107954.

931 N.E.2d 1190 (2010)

237 Ill.2d 526

ABN AMRO MORTGAGE GROUP, INC., et al., Appellees, v. Nona L. McGAHAN et al., Appellants.

Supreme Court of Illinois.

June 4, 2010.

Attorney(s) appearing for the Case

Michael T. Reagan, of Herbolsheimer, Lannon, Henson, Duncan & Reagan, of Ottawa, Patricia M. Nelson, of Chicago Volunteer Legal Services, of Chicago, for appellants.

Diane M. Kehl, Michael J. Waters, Jared C. Jodrey, of Vedder Price, P.C., of Chicago, for appellee ABN AMRO Mort. Group, Inc.

Lee Scott Perres, of Fisher & Shapiro, LLC, of Northbrook, David A. Novoselsky, Brian A. Schroeder, of Chicago, for appellee Charter One Bank.

Robert F. Harris, Charles P. Golbert, Kass A. Plain, of Office of Cook County Public Guardian, of Chicago, for amicus curiae Cook County Public Guardian.

OPINION

Justice BURKE delivered the judgment of the court, with opinion.

The question at issue here is whether a mortgagee must name a personal representative for a deceased mortgagor in a mortgage foreclosure proceeding in order for the circuit court to acquire subject matter jurisdiction. For the reasons that follow, we conclude that it must.

Background

This appeal involves two cases, ABN AMRO Mortgage Group, Inc. v. McGahan and Charter...

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