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UNITED COMMUNITY BANK v. PRAIRIE STATE

No. 4-11-0973.

972 N.E.2d 324 (2012)

361 Ill. Dec. 839

UNITED COMMUNITY BANK, a Banking Corporation; and James G. McDonough, Plaintiffs-Appellants, v. PRAIRIE STATE BANK & TRUST, an Illinois Banking Corporation, Defendant-Appellee, and Santarelli and Sons, Inc., Defendant.

Appellate Court of Illinois, Fourth District.

July 11, 2012.

Attorney(s) appearing for the Case

E.C. Eberspacher , Dustin L. Probst , Dove & Dove, Shelbyville, William L. Sauerwein (argued), Brandon S. Rothkopf , Sauerwein Simon P.C., Springfield, for appellants.

Marianne Pogge (argued), Attorney at Law, Springfield, for appellee Prairie State Bank & Trust.

OPINION

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

¶ 1 Plaintiffs are James G. McDonough and United Community Bank. Defendant is Prairie State Bank & Trust. The proceedings in trial court had an additional defendant, Santarelli and Sons, Inc. (Santarelli), but Santarelli is not a party to this appeal.

¶ 2 McDonough borrowed funds from United Community Bank to buy a duplex from Santarelli, and McDonough mortgaged...

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