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U.S. BANK NAT. ASS'N v. ROSE

No. 3-13-0356.

4 N.E.3d 601 (2014)

2014 IL App (3d) 130356

378 Ill. Dec. 718

U.S. BANK NATIONAL ASSOCIATION, a National Banking Association, as Successor-in-Interest to the Federal Deposit Insurance Corporation in its Capacity as Receiver for Park National Bank, Plaintiff-Appellant, v. Michael H. ROSE; MHR Estate Plan LLC, a Delaware Limited Liability Company; Plainfield Retail Land LLC, an Illinois Limited Liability Company; Unknown Owners; and Nonrecord Claimants, Defendants-Appellees.

Appellate Court of Illinois, Third District.

February 5, 2014.

Attorney(s) appearing for the Case

William J. Dorsey , BeLinda I. Mathie , and Paul T. Musser , Katten, Muchin, Rosenman LLP, Chicago, for appellant.

Michael A. Weinberg , John B. Haarlow, Jr. , and Alexander L. Berg , Novack & Macey LLP, Chicago, and Stephen D. White , Rathbun, Cservenyak & Kozol, LLC, Joliet, for appellees.

OPINION

Justice O'BRIEN delivered the judgment of the court, with opinion.

¶ 1 This appeal arises out of a foreclosure and fraud action filed by plaintiff, U.S. Bank National Association (U.S. Bank), against defendants, Michael H. Rose (Rose) and MHR Estate Plan LLC (MHR Estate Plan). After filing its complaint in the foreclosure case, plaintiff filed a motion for prejudgment attachment against defendants' assets. The trial court denied the motion....

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