Court granted summary judgment and ordered specific performance of a commercial real estate purchase agreement in favor of Plaintiff. While Defendant's appeal in that case was pending, court allowed another person (Cindy) to file an intervention complaint and she also filed a foreclosure suit against both parties, but court dismissed both of those actions. Cindy knowingly aided Defendant's encumbrance of the real estate, an act in derogation of the representations in the purchase agreement. Cindy's interests do not take priority over Plaintiff's interest, and Cindy cannot evade lis pendens. Thus, court did not err by binding Cindy to her actual notice. Court properly dismissed Cindy's actions pursuant to doctrine of lis pendens. Facts alleged by Cindy do not support contractual or common law subrogation, and Cindy does not have any claim of an assignment.Court's decision to award Plaintiff reasonable attorney fees is affirmed as proper damages for Defendant's wrongful act of encumbering the real estate and requiring her to incur expenses in litigation with Cindy. (LYTTON and CARTER, concurring.)
Illinois Appellate Court
Civil Court
Real Estate Contract