NATIONAL CITY MORTG. v. BERGMAN

No. 2-09-0934.

939 N.E.2d 1 (2010)

NATIONAL CITY MORTGAGE, a Division of National City Bank of Indiana, n/k/a National City Bank, Plaintiff and Counterdefendant-Appellee, v. Michael M. BERGMAN, Defendant and Counterdefendant (Enterprise Z Construction Company, Inc., Defendant and Counterplaintiff-Appellant; Ravenna East Homeowners Association, Defendant and Counterdefendant; Alla Bergman, Counterdefendant).

Appellate Court of Illinois, Second District.

October 20, 2010.


Attorney(s) appearing for the Case

Louis W. Brydges Jr. , Brydges Riseborough, Libertyville, for Enterprise Z. Construction Company.

John L. Quinn , Churchill, Quinn, Richtman & Hamilton, Ltd., Grayslake, for National City Mortgage.

William Mosconi , DeFrenza Mosconi Matyjewicz, P.C., Northbrook, for Alla Bergman, Michael M. Bergman.

Jordan I. Shifrin , Kovitz Shifrin Nesbit , Buffalo Grove, Douglas W. Stiles , Fuqua, Winter & Stiles, Ltd., Waukegan, for Ravenna East Homeowners Association.


Justice BURKE delivered the opinion of the court:

This is an appeal from the order of the circuit court of Lake County granting partial summary judgment to plaintiff, National City Mortgage, n/k/a National City Bank (National City), finding its mortgage interest prior and superior to the mechanic's lien of defendant Enterprise Z Construction Company (Enterprise). The trial court granted National City's motion solely because Enterprise's recorded claim for a mechanic...

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