Chicago Title Insurance Company v. Bass

Illinois Appellate Court
Civil Court
Breach of Warranty
Citation
Case Number: 
2015 IL App (1st) 140948
Decision Date: 
Monday, April 27, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS
Court properly entered summary judgment for defendant tax purchaser on title company's complaint for breach of contract and unjust enrichment. Purchasers of property, through dismissed tax deed litigation, received warranty deed, but then original owner filed Section 2-1401, claiming that Defendant had acquired property by fraud or deception, which court granted. Subsequent purchasers cannot show that defendant offered warranty as inducement to purchase; thus, no action for breach of warranty, and title company stands in shoes of subsequent purchasers.(CUNNINGHAM and CONNORS, concurring.)