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LaSALLE BANK NAT. ASS'N. v. CYPRESS CREEK 1, LP

No. 109954.

950 N.E.2d 1109 (2011)

242 Ill.2d 231

LaSALLE BANK NATIONAL ASSOCIATION, Appellant, v. CYPRESS CREEK 1, LP (Edon Construction et al., Appellees).

Supreme Court of Illinois.

Dissenting Opinion on Denial of Rehearing May 23, 2011.

Attorney(s) appearing for the Case

John H. Anderson and Jerome F. Buch , of Seyfarth Shaw LLP, of Chicago, and George F. Mahoney III , and R. Peter Grometer , of Mahoney Silverman & Cross, LLC, of Joliet, for appellant.

Richard C. Jones, Jr. , and Tina M. Jacobs , of Jones & Jacobs, of Chicago, for appellee Edon Construction Company.

Paul L. Greviskes , of Batavia, for appellee Eagle Concrete, Inc.

OPINION

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

The issue in this case is how to distribute foreclosure sale proceeds between a mortgagee and mechanics lien claimants when the mortgage predated the liens, the foreclosure sale proceeds are insufficient to satisfy all claims, and the mortgagee has paid for several improvements to the property through construction loan disbursements...

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