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BANK OF NEW YORK MELLON v. SPEREKAS

No. 1-19-1168.

158 N.E.3d 1164 (2020)

2020 IL App (1st) 191168

The BANK OF NEW YORK MELLON, f/k/a the Bank of New York, AS TRUSTEE FOR the CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-47CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-47CB, Plaintiff-Appellant, v. George J. SPEREKAS II; The Bank of New York, as Trustee for the Benefit of the Certificate Holders of the CWHEQ Inc., Homer Equity Loan Asset-Backed Certificates, Series 2006-S1; Randolph Place Residences Condominium Association; Chicago Patrolmen's Federal Credit Union; unknown owners and Nonrecord Claimants, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Opinion filed March 9, 2020.

Attorney(s) appearing for the Case

Melissa E. Manning , Geneka L. Holyfield , and Rebekah A. Carpenter , of Akerman LLP, of Chicago, for appellant.

Stephen E. Brown and Douglas M. Matton , both of Chicago, for appellee George Sperekas.

OPINION

¶ 1 The Bank of New York Mellon (Bank) filed a mortgage foreclosure complaint against defendant George J. Sperekas II. On its own motion, the trial court dismissed the complaint, without prejudice, finding the Bank failed to present sufficient evidence that it...

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