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BANK OF AMERICA NAT. v. BASSMAN FBT, L.L.C.

Docket No. 2-11-0729.

981 N.E.2d 1 (2012)

2012 IL App (2d) 110729

366 Ill. Dec. 936

BANK OF AMERICA NATIONAL ASSOCIATION, Successor by Merger to LaSalle Bank National Association (f/k/a LaSalle National Bank), as Trustee for the Registered Certificateholders of Morgan Stanley Capital I, Inc., Commercial Mortgage Pass-Through Certificates, Series 1988-HF2, Plaintiff and Counterdefendant-Appellee, v. BASSMAN FBT, L.L.C., and Maximum Management, LLC, Defendants and Counterplaintiffs and Third-Party Plaintiffs-Appellants (Unknown Owners, Defendants; Berkadia Commercial Mortgage, LLC, Third-Party Defendant).

Appellate Court of Illinois, Second District.

Supplemental Opinion on Denial of Rehearing Filed December 7, 2012.

Attorney(s) appearing for the Case

Kenneth J. Ashman and Neal D. Kitterlin , both of Ashman Law Offices, LLC, of Chicago, for appellants.

David G. Lynch , of DLA Piper LLP, of Chicago, for appellee.

OPINION

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

¶ 1 I. INTRODUCTION

¶ 2 Defendants (Bassman FBT, L.L.C. (Bassman), and Maximum Management, LLC) appeal a grant of a summary judgment of foreclosure and sale by the circuit court of Du Page County in favor of plaintiff (Bank of America National Association, successor by merger to LaSalle Bank National Association, as trustee for the registered certificateholders...

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