BANK OF AMERICA, N.A. v. HIGGIN

No. 2-13-1302.

19 N.E.3d 199 (2014)

2014 IL App (2d) 131302

BANK OF AMERICA, N.A., Plaintiff-Appellee, v. Glen HIGGIN, d/b/a Birdies and Eagles, and Karen Higgin, d/b/a Birdies and Eagles, Defendants-Appellants (JPMorgan Chase Bank, N.A., as Successor in Interest to Bank One, N.A., Successor in Interest to American National Bank and Trust Company of Chicago, Nonrecord Claimants, and Unknown Owners, Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied November 5, 2014.


Attorney(s) appearing for the Case

Scott G. Richmond and Peter J. Evans , both of Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel, of South Elgin, for appellants.

Thomas H. Peckham and Brian R. Orr , both of Lowis & Gellen LLP, of Chicago, for appellee.


OPINION

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

¶ 1 The property-owner defendants in a foreclosure action, Glenn Higgin, d/b/a Birdies and Eagles, and Karen Higgin, d/b/a Birdies and Eagles (defendants), appeal, challenging the order confirming the sale and ordering the distribution of the sale surplus to plaintiff, Bank of America, N.A., the mortgagee. Real estate taxes were due on the foreclosed property at the time of sale...

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