eBook details
- Title: Fechtner v. Lake County S. & L. Ass'n
- Author : Supreme Court of Illinois
- Release Date : January 23, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiffs, Donald R. Fechtner, Judith D. Fechtner and Harold E. Timmer, appealed from the judgment of the circuit court of Lake County dismissing with prejudice count I of the two-count complaint filed in their action against defendants, Lake County Savings and Loan Association (hereafter defendant) and Chicago Title Insurance Company. Count I was directed only against defendant; count II, directed against Chicago Title Insurance Company, remains pending in the circuit court and is not involved in this appeal. The circuit court found that there was no just reason for delaying enforcement or appeal (58 Ill.2d R. 304), the appellate court affirmed (33 Ill. App.3d 307), and we allowed plaintiffs' petition for leave to appeal. In count I plaintiffs alleged that defendant, by warranty deed, conveyed to the plaintiffs Fechtner a parcel of real estate subject only to certain general taxes and other enumerated matters of record; that plaintiff Timmer is the holder of an installment note executed by plaintiffs Fechtner and secured by a trust deed recorded as a mortgage lien against the premises; that, subsequent to the recording of the warranty deed executed and delivered by defendant, Chicago Title Insurance Company issued its Commitment for Title Insurance, which showed as objections five judgments totaling $10,519.76 against Robert Geiger; that the judgments against Geiger are a cloud on the title of the plaintiffs Fechtner * * * and prejudices the mortgage and note held by plaintiff Timmer; that plaintiffs have demanded of defendant that it remove the Geiger judgments from the title to the premises; that defendant refuses to remove the judgments or take steps to satisfy them; that the value of the real estate is reduced by the amount of the judgments and that plaintiffs Fechtner's title and plaintiff Timmer's mortgage are thereby prejudiced. The commitment for title, attached as an exhibit to plaintiffs' complaint, lists five judgments, two entered against Robert Geiger, two against Joyce Geiger, and one against both Robert and Joyce Geiger.