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TRIUMPH COMMUNITY BANK v. IRED ELMHURST

No. 2-20-0108 & 2-20-0109 cons.

173 N.E.3d 647 (2021)

2021 IL App (2d) 200108

TRIUMPH COMMUNITY BANK, f/k/a the National Bank, as Assignee of First Midwest Bank, Successor in Interest to the Federal Deposit Insurance Corporation, Solely as Receiver for First Du Page Bank, Plaintiff-Appellee, v. IRED ELMHURST, LLC; International Real Estate Development, LLC; International Land Development Corporation; Inland Mortgage Direct Funding Corporation; Unknown Owners and Nonrecord Claimants, Defendants (International Real Estate Development, LLC, and International Land Development Corporation, Defendants-Appellants; Robert Fontaine Jr. and Anthony Casaccio, Judgment Debtors-Appellants; IMC Mortgage Servicing Corporation, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

Opinion filed April 22, 2021.

Attorney(s) appearing for the Case

Michael Resis and Thomas P. Scherschel , of SmithAmundsen LLC, and Eugene S. Kraus and Miles V. Cohen , of Scott & Kraus, LLC, both of Chicago for appellants.

William J. McKenna Jr. and Andrew T. McClain , of Foley & Lardner LLP, of Chicago, for intervenor-appellant.

Brian T. Bedinghaus , of Roetzel & Andress, LPA, of Chicago, for appellee.

OPINION

¶ 1 This case stems from a commercial mortgage foreclosure case against the defendants the mortgagor, IRED Elmhurst, LLC (IRED Elmhurst), and two guarantors, International Real Estate Development, LLC (IRED) and International Land Development Corporation ...

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