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ORLOFF v. PETAK

No. 3-91-0379.

587 N.E.2d 37 (1992)

224 Ill. App.3d 638

167 Ill.Dec. 155

Ronald J. ORLOFF and Robert S. Krockey, as Trustee under Trust Deed Dated 01/06/86 and recorded as Document No. R86-1102, Plaintiffs-Appellants, v. Bernard J. PETAK, Jean A. Petak, First National Bank of Joliet, as Trustee under Trust Agreement dated September 12, 1983, and known as Trust No. 2224, First Midwest Bank/Illinois, formerly known as First Midwest Bank/Joliet, as Trustee under Trust Agreement dated September 12, 1985, and known as Trust No. 85-902, Defendants, Ernestine Thomas, a Widow, Commonwealth Mortgage Co. of American, Unknown Owners and Nonrecord Claimants, Defendants-Appellees.

Appellate Court of Illinois, Third District.

January 30, 1992.

Attorney(s) appearing for the Case

Robert S. Krockey (argued), Block, Krockey, Cernugel & Cowgill, P.C., Joliet, for Ronald J. Orloff, Robert S. Krockey.

Scott Hoster, (argued), Davis, Varsek & Dystrup, P.C., Joliet, for Commonwealth Mortg. Co.

Bruce W. Craig (argued), Fenech, Toussaint, Boomershine & Craig, P.C., Oakbrook Terrace, for Ernestine Thomas.

Justice GORMAN delivered the opinion of the court:

This action was brought by Plaintiff Robert Orloff who held a recorded junior mortgage on certain real estate and was omitted from foreclosure proceedings instituted by the first mortgagee on the subject property. The trial court ordered that Plaintiff equitably redeem before foreclosing, set the redemption amount at $120,000, and limited the redemption period to 90 days. Plaintiff did not post such bond. He appeals...

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