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TURCZAK v. FIRST AMERICAN BANK

Docket No. 1-12-1964.

997 N.E.2d 996 (2013)

2013 IL App (1st) 121964

375 Ill. Dec. 685

Laura J. TURCZAK and Robert M. Lew, Plaintiffs-Appellants, v. FIRST AMERICAN BANK and Lebow, Malecki & Tasch, LLC, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

October 2, 2013.

Attorney(s) appearing for the Case

Brian M. Fornek , of Brian M. Fornek & Associates, PC, of Batavia, for appellants.

John Duffy , Karen DeGrand , and Michael Carney , all of Donohue Brown Mathewson & Smyth, LLC, of Chicago, for appellees.

OPINION

Presiding Justice HYMAN delivered the judgment of the court, with opinion.

¶ 1 For plaintiffs to close a short sale, defendants, the second mortgagee and the law firm that represented the second mortgagee, conditioned the release of the second mortgage on plaintiffs paying $6,000. This payment forms the basis for plaintiffs' claims.

¶ 2 Plaintiffs contend that once the second mortgagee had obtained a default judgment on its promissory...

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