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COMMERCIAL MORTG. AND FINANCE CO. v. AM. NAT. BANK

No. 2-92-1220.

624 N.E.2d 933 (1993)

253 Ill. App.3d 697

191 Ill.Dec. 745

COMMERCIAL MORTGAGE AND FINANCE COMPANY, Indiv. and as Trustee, Plaintiff-Appellee, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee, et al., Defendants (Jan Mansfield McCaslin, n/k/a Jan Mansfield, Defendant-Appellant).

Appellate Court of Illinois, Second District.

December 10, 1993.

Attorney(s) appearing for the Case

Williams & McCarthy, P.C., John J. Holevas, Rockford, for Jan Mansfield McCaslin, American Nat. Bank & Trust, Bill and Clara J. Hamlett.

Wesley E. Lindberg and Criag P. Thomas, Reno, Zahm, Folgate, Lindberg & Powell, Rockford, for Commercial Mort. & Finance.

Justice COLWELL delivered the opinion of the court:

Defendant, Jan Mansfield McCaslin, n/k/a Jan Mansfield (Mansfield), appeals the judgment of the circuit court which awarded a deficiency judgment against her in favor of plaintiff, Commercial Mortgage and Finance Company, in the amount of $119,436.38. Mansfield raises three issues for review: (1) whether she executed trust deed notes as a comaker or as an accommodation party; (2) whether a novation occurred; and...

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